Unknown. Interim final rule

4,336 words·~20 min read·/register/2002/07/26/02-18923·

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-2002-07-26.xml --- 67 144 Friday, July 26, 2002 Contents Agricultural Agricultural Marketing Service RULES Milk marketing orders: Mideast, 48743-48745 02-18923 PROPOSED RULES Egg, poultry, and rabbit products; inspection and grading: Fees and charges increase, 48816-48818 02-18922 NOTICES Agency information collection activities: Proposed collection; comment request, 48865-48866 02-18981 02-18983 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service Air Force Air Force Department NOTICES Meetings:

Scientific Advisory Board, 48886 02-18925 Animal Animal and Plant Health Inspection Service RULES Livestock and poultry disease control: Cattle and other property disposed of because of bovine tuberculosis; indemnification, 48745-48752 02-18701 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Voting Rights Act Amendments of 1992; section 203 determinations:

Political subdivisions subject to minority language provisions, 48871-48877 02-19033 Centers Centers for Medicare & Medicaid Services RULES Health care access: Group health insurance market requirements; non-Federal governmental plans; exemption elections, 48802-48814 02-17621 Medicare: Skilled nursing facilities and home health agencies; cost limits exceptions; technical correction, 48801-48802 02-17620 Medicare and Medicaid: End-stage renal disease; state of emergency in Houston, TX; removal of waiver of conditions for coverage, 48800-48801 02-17622 PROPOSED RULES Medicare:

Cost reports; electronic submission, 48840-48844 02-18982 Prosthetics and Certain Custom-Fabricated Orthotics; Special Payment Provisions and Requirements; Negotiated Rulemaking Committee— Establishment and meeting, 48839-48840 02-18614 NOTICES Meetings: Medicare Education Advisory Panel, 48905-48906 02-18613 Privacy Act: Systems of records, 48906-48914 02-18170 02-19022 Children Children and Families Administration NOTICES Privacy Act: Systems of records, 48914-48918 02-18885 Coast Guard Coast Guard RULES Drawbridge operations:

New Jersey, 48782-48783 02-18924 Ports and waterways safety: Columbia River, Astoria, OR; safety zone, 48783-48784 02-18916 Regattas and marine parades: Thunder on the Narrows boat races, 48780-48782 02-18917 PROPOSED RULES Ports and waterways safety: Boston Marine Inspection and Captain of Port Zones, MA; liquified natural gas carrier transits and anchorage operations; safety and security zones, 48834-48837 02-18920 Chesapeake Bay, VA; port access routes study, 48837-48839 02-18914 East River, Manhattan, NY; safety zone, 48832-48834 02-18921 NOTICES Meetings:

Commercial Fishing Industry Vessel Advisory Committee, 48964 02-18915 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 48870-48871 02-19002 02-19003 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Qatar, 48882 02-18905 Thailand, 48882-48883 02-18904 United Arab Emirates, 48883 02-18903 Export visa requirements; certification, waivers, etc.: Malaysia, 48883-48884 02-18906 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 48884 02-19046 02-19047 02-19048 02-19049 02-19050 Customs Customs Service NOTICES IRS interest rates used in calculating interest on overdue accounts and refunds, 48968-48969 02-18946 Defense Defense Department See Air Force Department NOTICES Agency information collection activities:

Proposed collection; comment request, 48884-48885 02-18901 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 48885-48886 02-19007 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 48886-48887 02-18930 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 48952-48953 02-18523 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

Wolverine Power Supply Cooperative, Inc., 48887 02-18963 Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 48887-48888 02-18961 Paducah Gaseous Diffusion Plant, KY, 48888 02-18964 Natural gas exportation and importation: Chevron U.S.A. Inc. et al., 48888-48889 02-18962 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Minnesota, 48787-48790 02-18866 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: 1-Methylcyclopropene, 48796-48800 02-18868 Bifenthrin, 48790-48796 02-18867 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Minnesota, 48839 02-18865 NOTICES Agency information collection activities: Proposed collection; comment request, 48891-48894 02-18989 02-18995 Submission for OMB review; comment request, 48894 02-18992 Air pollution control:

Citizens suits; proposed settlements— Environmental Defense et al., 48896-48897 02-18993 Environmental statements; availability, etc.: Agency statements— Comment availability, 48895-48896 02-19009 Weekly receipts, 48894-48895 02-19008 Superfund; response and remedial actions, proposed settlements, etc.: Malvern TEC Site, PA, 48897-48898 02-18988 Toxic and hazardous substances control: New chemicals— Receipt and status information, 48898-48901 02-18994 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings;

Sunshine Act, 48901 02-19066 FAA Federal Aviation Administration RULES Air carrier certification and operations: Foreign operated transport category airplanes; flightdeck security concerns Correction, 48752 02-18762 Airworthiness directives: Pratt & Whitney, 48753 02-19034 Teledyne Continental Motors, 48753 02-19035 Class E airspace, 48753 02-19000 NOTICES Reports and guidance documents; availability, etc.: Passenger Facility Charge Audit Guide for Air Carriers, 48964-48965 02-18999 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-18949 48901-48902 02-18950 Disaster and emergency areas: Alaska, 48902 02-18951 Texas, 48902 02-18952 02-18953 Vermont, 48902-48903 02-18954 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: UEG Araucaria Ltda. et al., 48889-48890 02-18902 Environmental statements; availability, etc.: Independence County and Batesville, AR, 48891 02-18986 South Carolina Electric & Gas Co., 48891 02-18985 *Applications, hearings, determinations, etc.:* Florida Gas Transmission Co., 48891 02-18984 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations:

Size and weight enforcement; State certification; termination, 48821-48823 02-18907 NOTICES Environmental statements; notice of intent: Ocean County, NJ, 48965 02-19024 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 02-18918 48966-48967 02-18919 Fish Fish and Wildlife Service PROPOSED RULES Importation, exportation, and transportation of wildlife Injurious wildlife— Snakeheads (family Channidae), 48855-48864 02-19016 Food Food and Drug Administration NOTICES Biological product licenses:

Beauregard Plasma, Inc., et al.; revocation, 48918 02-19017 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Cyanocobalamin injection, 48918-48919 02-18976 Patent extension; regulatory review period determinations— Definity, 48919-48920 02-18975 Regulatory Project Manager Site Tours; training program continuation, 48921 02-19019 Reports and guidance documents; availability, etc.: Inhalation drug products packaged in semipermeable container closure systems, 48920-48921 02-19020 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Maryland, 48877-48878 02-19014 Forest Forest Service NOTICES Committees; establishment, renewal, termination, etc.: Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 48941-48942 02-18957 Environmental statements; notice of intent: Cibola National Forest, NM, 48866-48869 02-18900 Meetings: Resource Advisory Committees— Tehama County, 48869 02-18947 GSA General Services Administration NOTICES Acquisition regulations:

Appointment Letter for Immigrant Visa Applicants (OF 171); form cancellation, 48903 02-18948 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 48885-48886 02-19007 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Program Support Center NOTICES Organization, functions, and authority delegations:

Public Health Emergency Preparedness, Office of Assistant Secretary, 48903-48905 02-19006 Health Health Resources and Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 48921-48922 02-19059 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 48932-48933 02-18899 Submission for OMB review; comment request, 48933-48934 02-18898 02-18959 Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 48934 02-18601 Immigration Immigration and Naturalization Service PROPOSED RULES Immigration: Address notification to be filed with designated applications, 48818-48821 02-18896 NOTICES Temporary protected status program designations: Somalia, 48950-48952 02-18897 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Hualapai Tribe, AZ, 48935-48936 02-18884 Industry Industry and Security Bureau NOTICES Meetings:

Sensors and Instrumentation Technical Advisory Committtee, 48878 02-19005 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau NOTICES Central Utah Water Conservancy District: Bonneville Unit; municipal and industrial water; cost prepayment allocations, 48934-48935 02-18912 IRS Internal Revenue Service RULES Income taxes, etc.: Information reporting requirements— Payments made on behalf of another person, payments to joint payees, and payments of gross proceeds from sales involving investment advisers, 48754-48760 02-18793 PROPOSED RULES Income taxes:

Taxpayer identifying numbers; requirement on submissions, 48823-48832 02-18792 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— China, 48878 02-19010 Stainless steel sheet and strip in coils from— Mexico, 48878-48880 02-19011 *Applications, hearings, determinations, etc.:* University of— Colorado, 48881 02-19013 Vanderbilt University et al., 48880-48881 02-19012 International International Trade Commission NOTICES Import investigations:

Recordable and rewritable compact discs, 48948-48949 02-18945 Video game systems, accessories, and components, 48949-48950 02-18726 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 48936-48939 02-18887 02-18888 02-18889 Classification of public lands: Arizona, 48939-48941 02-18955 Committees; establishment, renewal, termination, etc.:

Mojave Southern Great Basin Resource Advisory Council, 48941 02-18890 Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 48941-48942 02-18957 Environmental statements; availability, etc.: Eureka County, NV; Leeville Project, 48942 02-18186 Eureka County, NV; South Operations Area Project, 48942-48943 02-18494 Table Mountain Wind Generating Facility, NV, 48943 02-18401 Meetings: National Petroleum Reserve-Alaska Research and Monitoring Advisory Team, 48944 02-18878 Resource Advisory Councils— Northeastern Great Basin, 48944 02-18891 Motor vehicle use restrictions:

Oregon, 48944-48945 02-18956 Protraction diagram plat filings: Montana, 48945 02-18886 Public land orders: Alaska, 48945-48946 02-18893 Arizona, 48946 02-18892 Idaho, 48946 02-18879 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Unclassified information technology resources; security requirements, 48814-48815 02-19004 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 48885-48886 02-19007 Meetings:

Advisory Council Aerospace Technology Advisory Committee, 48953 02-19015 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Defect and noncompliance— Recalled tires disposition, 48852-48855 02-18996 NIH National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.: Director's Council of Public Representatives, 48922-48923 02-18943 Grants and cooperative agreements; availability, etc.: Health Disparities Research Loan Repayment Program, 48923-48925 02-18941 Individuals from Disadvantaged Backgrounds;

Extramural Clinical Research Loan Repayment Program, 48925-48928 02-18942 Inventions, Government-owned; availability for licensing, 48928-48929 02-18944 Meetings: National Cancer Institute, 48929 02-18931 National Heart, Lung, and Blood Institute, 48929 02-18932 National Institute of Allergy and Infectious Diseases, 48930 02-18938 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 48929 02-18934 National Institute of General Medical Sciences, 48930 02-18936 National Institute of Mental Health, 02-18935 48930-48931 02-18939 02-18940 Scientific Review Center, 48931-48932 02-18933 02-18937 NOAA National Oceanic and Atmospheric Administration NOTICES Permits:

Marine mammals, 48881-48882 02-19001 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: Little Red River Water Management Project, AR, 48869 02-18909 Field office technical guides; changes: Arizona, 48869-48870 02-18910 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: Foster Wheeler Environmental Corp., 48953-48956 02-18967 Meetings: Licensing Support Network Advisory Review Panel, 48956 02-18970 Regulatory guides; issuance, availability, and withdrawal, 48956-48957 02-18968 *Applications, hearings, determinations, etc.:* Decisive Testing, Inc., 48953 02-18969 Presidential Presidential Documents ADMINISTRATIVE ORDERS Steel imports; delegation of authority (Memorandum of July 23, 2002), 48741 02-19137 Program Program Support Center NOTICES Agency information collection activities:

Submission for OMB review; comment request, 48903 02-18974 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Railroad Railroad Retirement Board NOTICES Agency information collection activities: Proposed collection; comment request, 02-18913 48957-48958 02-18927 Submission for OMB review; comment request, 48958 02-18926 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Systems Conveyance and Operations Program, 48947-48948 02-18911 Research Research and Special Programs Administration PROPOSED RULES Pipeline safety: Hazardous liquid transportation— Hazardous liquid pipeline operator annual report form, 48844-48851 02-18908 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 48959-48960 02-18972 Chicago Stock Exchange, Inc., 48960-48962 02-18971 Pacific Exchange, Inc., 48962-48963 02-18973 *Applications, hearings, determinations, etc.:* Global Light Telecommunications, Inc., 48958 02-18929 Implant Sciences Corp., 48958-48959 02-18928 SBA Small Business Administration NOTICES Disaster loan areas:

Oklahoma, 48963 02-18977 Texas, 02-18978 48964 02-18979 Surface Surface Transportation Board NOTICES Rail carriers: Railroad revenue adequacy determinations; Class I railroads, 48967 02-18849 Railroad operation, acquisition, construction, etc.: Berlin Mills Railway, Inc., 48967-48968 02-18439 Railroad services abandonment: Chicago Central & Pacific Railroad Co., 48968 02-18717 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service RULES Practice and procedure:

Individuals eligible to practice before Internal Revenue Service, 48760-48780 02-18598 Veterans Veterans Affairs Department RULES Disabilities rating schedule: Ankylosis and limitation of motion of fingers and thumb, 48784-48787 02-18965 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. 67 144 Friday, July 26, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1033 [Docket No.

AO-361-A35; DA-01-04] Milk in the Mideast Marketing Area; Interim Order Amending the Order. AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule. SUMMARY: This order amends certain pooling provisions of the Mideast Federal milk order on an interim basis. Disorderly marketing conditions from inadequate pooling provisions warrant these amendments. It implements amendments to the *Pool plant* provisions which eliminate automatic pool plant status for the 6-month period of March through August, eliminate the inclusion of milk shipments to a distributing plant regulated by another Federal milk order as pool-qualifying shipments, eliminate the “split plant” feature, eliminate the inclusion of diversions made by a pool supply plant located outside the marketing area to a pool distributing plant as the supply plant's qualifying shipments, and establish a “net shipments” provision for supply plants.

For the *Producer milk* provisions, this interim order implements amendments that increase the number of days that the milk of a producer needs to be delivered to a pool plant before being eligible for diversion, establish year-round diversion limits for producer milk, adjusted seasonally, for distributing plants pooled on the order, and exclude from receipts the diversions made by a pool plant to a second pool plant from the calculation of the diversion limitation. More than the required number of producers in the Mideast marketing area have approved the issuance of the interim order as amended.

EFFECTIVE DATE: August 1, 2002. FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Marketing Specialist, Stop 0231, Room 2968, USDA/AMS/Dairy Programs, Order Formulation Branch, 1400 Independence Avenue SW., Washington, DC 20250-0231,

(202)690-1366, e-mail address *Gino.Tosi@usda.gov.* SUPPLEMENTARY INFORMATION: This administrative rule is governed by the provisions of Sections 556 and 557 of Title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866. This interim 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 the rule. The Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), provides that administrative proceedings must be exhausted before parties may file suit in court. Under Section 608c(15)(A) of the Act, any handler subject to an order may request modification or exemption from such order by filing with the Department a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with the law. A handler is afforded the opportunity for a hearing on the petition. After a hearing, the Department would rule on the petition. The Act provides that the District Court of the United States in any district in which the handler is an inhabitant, or has its principal place of business, has jurisdiction in equity to review the Department's ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of the entry of the ruling. Small Business Consideration In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this interim rule will not have a significant economic impact on a substantial number of small entities. For the purpose of the Regulatory Flexibility Act, a dairy farm is considered a “small business” if it has an annual gross revenue of less than $750,000, and a dairy products manufacturer is a “small business” if it has fewer than 500 employees. For the purposes of determining which dairy farms are “small businesses”, the $750,000 per year criterion was used to establish a production guideline of 500,000 pounds per month. Although this guideline does not factor in additional monies that may be received by dairy producers, it should be an inclusive standard for most “small” dairy farmers. For purposes of determining a handler's size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500-employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. For purposes of determining a handler's size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500 employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. In October 2001, there were 11,120 producers pooled on and 40 handlers regulated by the Mideast order. Based on these criteria, the vast majority of the producers and handlers would be considered small businesses. The adoption of the amended pooling standards serve to revise and establish criteria that ensure the pooling of producers, producer milk, and plants that have a reasonable association with, and are consistently serving, the fluid milk needs of the Mideast milk marketing area. Criteria for pooling milk are established on the basis of performance standards that are considered adequate to meet the Class I fluid needs of the market, and determine those that are eligible to share in the revenue that arises from the classified pricing of milk. Criteria for pooling are established without regard to the size of any dairy industry organization or entity. The criteria established are applied in an equal fashion to both large and small businesses. *Prior documents in this proceeding:* *Notice of Hearing:* Issued September 21, 2001; published September 28, 2001 (66 FR 49571). *Tentative Final Decision:* Issued June 4, 2002; published June 11, 2002 (67 FR 39871). Findings and Determinations The findings and determinations hereinafter set forth supplement those that were made when the Mideast order was first issued and when it was amended. The previous findings and determinations are hereby ratified and confirmed, except where they may conflict with those set forth herein. The following findings are hereby made with respect to the Mideast order:

(a)Findings upon the basis of the hearing record. Pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and the applicable rules of practice and procedure governing the formulation of marketing agreements and marketing orders (7 CFR Part 900), a public hearing was held upon certain proposed amendments to the tentative marketing agreement and to the order regulating the handling of milk in the Mideast marketing area. Upon the basis of the evidence introduced at such hearing and the record thereof it is found that:

(1)The Mideast order, as hereby amended on an interim basis, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act;

(2)The parity prices of milk, as determined pursuant to Section 2 of the Act, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which affect market supply and demand for milk in the marketing area, and the minimum prices specified in the order, as hereby amended on an interim basis, are such prices as will reflect the aforesaid factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest; and

(3)The Mideast order, as hereby amended on an interim basis, regulates the handling of milk in the same manner as, and is applicable only to persons in the respective classes of industrial and commercial activity specified in, a marketing agreement upon which a hearing has been held.

(b)Additional Findings. It is necessary and in the public interest to make these interim amendments to the Mideast order effective August 1, 2002. Any delay beyond that date would tend to disrupt the orderly marketing of milk in the aforesaid marketing area. The interim amendments to this order are known to handlers. The final decision containing the proposed amendments to this order was issued on June 4, 2002. The changes that result from these interim amendments will not require extensive preparation or substantial alteration in the method of operation for handlers. In view of the foregoing, it is hereby found and determined that good cause exists for making these interim order amendments effective on August 1, 2002. It would be contrary to the public interest to delay the effective date of these amendments for 30 days after their publication in the **Federal Register** . (Sec. 553(d), Administrative Procedure Act, 5 U.S.C. 551-559.)

(c)Determinations. It is hereby determined that:

(1)The refusal or failure of handlers (excluding cooperative associations specified in Sec. 8c(9) of the Act) of more than 50 percent of the milk, which is marketed within the specified marketing area, to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the Act;

(2)The issuance of this interim order amending the Mideast order is the only practical means pursuant to the declared policy of the Act of advancing the interests of producers as defined in the order as hereby amended;

(3)The issuance of the interim order amending the Mideast order is favored by at least two-thirds of the producers who were engaged in the production of milk for sale in the marketing area. List of Subjects in 7 CFR Part 1033 Milk marketing orders. Order Relative to Handling *It is therefore ordered,* that on and after the effective date hereof, the handling of milk in the Mideast marketing area shall be in conformity to and in compliance with the terms and conditions of the order, as amended, and as hereby further amended on an interim basis, as follows: The authority citation for 7 CFR Part 1033 reads as follows: Authority: 7 U.S.C. 601-674. PART 1033—MILK IN THE MIDEAST MARKETING AREA 1. Section 1033.7 is amended by: a. Removing “; and” at the end of paragraph (c)(1)(iii) and adding a period in its place; b. Removing paragraph (c)(1)(iv); c. Revising paragraphs (c)(2), (c)(4), and (d)(2); d. Removing the words “or its predecessor orders” in paragraph

(e)introductory text; e. Removing “and;” at the end of paragraph (h)(6) and adding a period in its place; and f. Removing paragraph (h)(7). The revisions read as follows: § 1033.7 Pool plant.

(c)* * *

(2)The operator of a supply plant located within the marketing area may include deliveries to pool distributing plants directly from farms of producers pursuant to § 1033.13(c) as up to 90 percent of the supply plant's qualifying shipments. Handlers may not use shipments pursuant to § 1033.13(c) to qualify plants located outside the marketing area.

(4)Shipments used in determining qualifying percentages shall be milk transferred or diverted and physically received by pool distributing plants, less any transfers or diversions of bulk fluid milk products from such pool distributing plants.

(d)* * *

(2)The 30 percent delivery requirement may be met for the current month or it may be met on the basis of deliveries during the preceding 12-month period ending with the current month. Shipments used in determining qualifying shipments in meeting this 30 percent delivery requirement shall be milk transferred or diverted and physically received by pool distributing plants, less any transfers or diversions of bulk fluid milk products from such pool distributing plants; 2. Section 1033.13 is amended by: a. Revising paragraph (d)(2); b. Redesignating paragraphs (d)(3) through (d)(6) as paragraphs (d)(4) through (d)(7); c. Adding a new paragraph (d)(3); and d. Revising newly designated paragraph (d)(4). The revisions and additions read as follows: § 1033.13 Producer milk.

(d)* * *

(2)The equivalent of at least two days' milk production is caused by the handler to be physically received at a pool plant in each of the months of August through November;

(3)The equivalent of at least two days' milk production is caused by the handler to be physically received at a pool plant in each of the months of December through July if the requirement of paragraph (d)(2) of this section (§ 1033.13) in each of the prior months of August through November are not met, except in the case of a dairy farmer who marketed no Grade A milk during each of the prior months of August through November.

(4)Of the total quantity of producer milk received during the month (including diversions but excluding the quantity of producer milk received from a handler described in § 1000.9(c) of this chapter or which is diverted to another pool plant), the handler diverted to nonpool plants not more than 60 percent in each of the months of August through February and 70 percent in each of the months of March through July. Dated: July 22, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-18923 Filed 7-25-02; 8:45 am]

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