Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-26.xml --- 67 248 Thursday, December 26, 2002 Contents AID Agency for International Development RULES Employee responsibilities and conduct, 78686 02-32423 Agricultural Agricultural Marketing Service RULES Egg, poultry, and rabbit products; inspection and grading: Fees and charges increase, 78665-78667 02-32504 PROPOSED RULES Onions grown in— Texas, 78751-78753 02-32505 Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Alkar-RapidPak, Inc., 78766 02-32506 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Forest Service See Natural Resources Conservation Service See Rural Telephone Bank See Rural Utilities Service Air Force Air Force Department NOTICES Privacy Act: Systems of records, 78777-78780 02-32449 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 78807-78809 02-32516 02-32519 Submission for OMB review; comment request, 78809 02-32517 Meetings: Radiation and Worker Health Advisory Board, 78809-78810 02-32511 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Proposed collection; comment request, 78869-78870 02-32463 Consumer Consumer Product Safety Commission NOTICES All-terrain vehicles for use by children under 16 years old; petition requesting ban of sale, 78776 02-32596 Defense Defense Department See Air Force Department See Defense Logistics Agency See Engineers Corps NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 78776-78777 02-32603 Defense Defense Logistics Agency NOTICES Privacy Act: Systems of records, 78780-78786 02-32448 02-32450 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 78788-78789 02-32461 02-32526 Submission for OMB review; comment request, 78789-78790 02-32459 02-32460 Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Access to Telework Fund, 78790-78794 02-32574 Alternative Financing Program Technical Assistance, 78913-78934 02-32575 02-32576 Privacy Act: Systems of records, 78794-78796 02-32573 Employment Employment and Training Administration NOTICES Adjustment assistance: Biljo, Inc., 78818 02-32587 Chamco, Equipment LTD., 78818 02-32593 Dixon Ticonderoga Co., Inc., 78818 02-32590 Haemer-Wright Tool & Die, Inc., 78818-78819 02-32586 02-32592 Pfaltzgraff Co., 78819 02-32589 Sonoco Products Co., 78819 02-32588 Adjustment assistance and NAFTA transitional adjustment assistance:

Kalmar Industries Corp. et al., 78816-78817 02-32591 Agency information collection activities: Proposed collection; comment request, 78819-78821 02-32447 02-32585 NAFTA transitional adjustment assistance: Nestle Purina, 78821 02-32595 Pfaltzgraff Co., 78821 02-32594 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: Rainy River Energy Corp., 78796-78797 02-32537 Engineers Engineers Corps PROPOSED RULES Danger zones and restricted areas:

Charleston, SC; Naval Weapons Station, 78911-78912 02-32458 NOTICES Environmental statements; notice of intent: San Jacinto River and Upper Santa Margarita River Watersheds, CA, 78787-78788 02-32457 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Urea, 78713-78718 02-32563 02-32564 Solid wastes: Hazardous waste; identification and listing— Used cathode ray tubes; Region III Mid-Atlantic States; exclusion, 78718-78731 02-32547 Water pollution control:

National Pollutant Discharge Elimination System— Cooling water intake structures for new facilities, 78947-78955 02-32610 PROPOSED RULES Solid wastes: Hazardous waste; identification and listing— Used cathode ray tubes; Region III Mid-Atlantic States; exclusion, 78761-78763 02-32551 Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures for new facilities, 78955-78958 02-32611 NOTICES Air pollution control: State operating permits programs— Indiana, 78801 02-32565 Meetings:

Science Advisory Board, 78801-78802 02-32602 Reports and guidance documents; availability, etc.: Combined sewer and sanitary sewer overflows; public health experts workshop summary; report to Congress, 78802 02-32566 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Telephone Consumer Protection Act; implementation— Unsolicited advertising, 78763 02-32649 NOTICES Agency information collection activities: Proposed collection; comment request, 78803 02-32478 Federal Election Federal Election Commission RULES Bipartisan Campaign Reform Act; implementation:

Technical amendments, 78679-78684 02-32452 PROPOSED RULES Contribution and expenditure limitations and prohibitions: Leadership PACs, 78753-78760 02-32451 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities: Proposed collection; comment request, 78803-78805 02-32521 Disaster and emergency areas: Ohio, 78805 02-32520 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 78797 02-32554 ANR Pipeline Co., 78797-78798 02-32557 02-32558 02-32560 Aquila, Inc., 78798-78799 02-32553 Dominion Transmission, Inc., 78799 02-32559 Gulfstream Natural Gas System, L.L.C., 78799 02-32556 Northern Natural Gas Co., 78799-78800 02-32552 Sabine Pipe Line LLC, 78800 02-32555 Texas Eastern Transmission, LP, 78800-78801 02-32561 Federal Highway Federal Highway Administration NOTICES Endangered and threatened species:

Douglas County, CO; Preble's meadow jumping mouse, 78853-78854 02-32464 Environmental statements; notice of intent: Sherburne and Stearns Counties, MN, 78854-78855 02-32514 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 78805 02-32581 Ocean transportation intermediary licenses: Atallah Business Group, Inc., et al., 78805-78806 02-32578 Cross Ocean International, Inc., et al., 78806 02-32580 Cross Water Line et al., 78806 02-32579 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Oregon; exemptions for farmers, 78855-78856 02-32584 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Federal claims collection: Centralized offset of Federal payments to collect nontax debts owed to U.S., 78935-78946 02-32572 NOTICES Agency information collection activities: Proposed collection; comment request, 78870-78871 02-32182 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Plant species from Oahu, HI, 78763-78765 02-32522 NOTICES Endangered and threatened species:

Findings on petitions, etc.— Mono Basin area sage grouse, 78811-78815 02-32523 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Imidacloprid and ivermectin, 78684-78685 02-32442 Sponsor name and address changes— Delmarva Laboratories, Inc., 78684 02-32440 PROPOSED RULES Radiological health: Diagnostic x-ray systems and their major components; performance standard Correction, 78760-78761 02-32441 NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 78810 02-32443 02-32444 Reports and guidance documents; availability, etc.: Topically applied cosmetic products containing alpha hydroxy acids as ingredients; labeling; correction, 78810-78811 02-32613 Forest Forest Service NOTICES Appealable decisions; legal notice: Intermountain Region, 78766-78768 02-32512 Environmental statements; notice of intent: Dakota Prairie Grassland, ND, 78768-78769 02-32509 Meetings: Resource Advisory Committees— Southwest Idaho, 78769 02-32527 Wrangell-Petersburg, 78769 02-32528 GSA General Services Administration RULES Federal Management Regulation:

Surplus personal property allocation for donation; notification, 78732 02-32605 Federal property management: Centralized field reproduction services, 78731-78732 02-32604 NOTICES Agency information collection activities: Proposed collection; comment request, 78806-78807 02-32476 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 78776-78777 02-32603 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Proposed collection; comment request, 78811 02-32439 Immigration Immigration and Naturalization Service RULES Immigration: Aliens— Vietnam, Cambodia, and Laos; status adjustment; eligibility, evidence, and application and adjudication procedures, 78667-78675 02-32607 Vietnam, Cambodia, and Laos; status adjustment; waiver of criminal grounds of inadmissibility, 78675-78678 02-32606 Interior Interior Department See Fish and Wildlife Service See National Indian Gaming Commission NOTICES Meetings:

Exxon Valdez Oil Spill Trustee Council, 78811 02-32479 IRS Internal Revenue Service RULES Income taxes: Education tax credit, 78687-78698 02-32453 PROPOSED RULES Income taxes: Redemptions taxable as dividends Correction, 78761 02-32331 NOTICES Meetings: Taxpayer Advocacy Panels, 78871 02-32454 02-32455 International International Trade Administration NOTICES Antidumping: Stainless steel sheet and strip in coils from— France, 78773-78776 02-32569 Antidumping and countervailing duties:

Administrative review requests, 78772-78773 02-32570 International International Trade Commission NOTICES Import investigations: Fresh tomatoes from— Mexico, 78815 02-32475 Justice Justice Department See Immigration and Naturalization Service RULES Interstate Transportation of Dangerous Criminals Act; implementation: Private companies that transport violent prisoners; minimum safety and security standards, 78699-78712 02-32608 NOTICES Privacy Act: Systems of records, 78815-78816 02-32538 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration See Workers’ Compensation Programs Office Mine Mine Safety and Health Administration RULES Coal mine safety and health, and education and training:

Emergency evacuations; emergency temporary standard Correction, 78713 02-32583 NOTICES Safety standard petitions: Mallie Coal Co., Inc., et al., 78821-78823 02-32456 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 78776-78777 02-32603 Reports and guidance documents; availability, etc.: Alternative fuel vehicle acquisitions (1999, 2000, and 2001 FYs); annual report, 78825 02-32609 National Credit National Credit Union Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 78825-78828 02-32495 02-32497 02-32502 National Indian National Indian Gaming Commission NOTICES Indian Gaming Regulatory Act: Fee rates, 78828 02-32508 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 78739-78750 02-32433 Gulf of Alaska groundfish, 78733-78738 02-32432 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

Mill Creek Watershed, WI, 78769-78771 02-32466 Field office technical guides; changes: Virginia, 78771 02-32467 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Licensing Support Network Advisory Review Panel, 78828 02-32545 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: NSF International, 78823-78825 02-32446 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities:

Submission for OMB review; comment request, 78828-78829 02-32494 Postal Postal Service NOTICES Meetings; Sunshine Act, 78829 02-32647 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration Railroad Railroad Retirement Board NOTICES Meetings: Actuarial Advisory Committee, 78829 02-32513 Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 78856-78858 02-32524 02-32525 Rural Rural Telephone Bank NOTICES Meetings;

Sunshine Act, 78771 02-32751 RUS Rural Utilities Service NOTICES Agency information collection activities: Proposed collection; comment request, 78771-78772 02-32462 SEC Securities and Exchange Commission NOTICES Consolidated Tape Association and Quotation Plans; amendments, 78832-78833 02-32472 Joint industry plan: Philadelphia Stock Exchange, Inc., et al., 78834 02-32531 Self-regulatory organizations; proposed rule changes: International Securities Exchange, Inc., 78834-78840 02-32471 National Association of Securities Dealers, Inc., 78840-78843 02-32473 02-32532 Pacific Exchange, Inc., 78843-78848 02-32530 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 78829-78831 02-32529 Social Social Security Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 78848-78849 02-32515 State State Department RULES International Traffic in Arms regulations: Canadian exemption, 78685-78686 02-32424 NOTICES Agency information collection activities: Submission for OMB review; comment request, 78849 02-32543 Art objects; importation for exhibition: Imperial Collection: Women Artists from the State Hermitage Museum, 78849-78850 02-32542 Manet/Valazquez: The French Taste for Spanish Painting, 78850 02-32541 Grants and cooperative agreements; availability, etc.:

Francophone and Lusophone Sub-Saharan Africa; Summer Institute for English-as-a-Foreign Language Administrators, 78850-78853 02-32599 Meetings: Shipping Coordinating Committee, 78853 02-32597 02-32598 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., et al., 78858 02-32567 Union Pacific Railroad Co., 78859 02-32256 Transportation Transportation Department See Federal Highway Administration See Federal Motor Carrier Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service NOTICES Meetings:

Customs Service Commercial Operations Treasury Advisory Committee, 78859 02-32612 Primary money laundering: Designation of concerned countries— Nauru and Ukraine, 78859-78863 02-32571 Reports and guidance documents; availability, etc.: Terrorism Risk Insurance Act of 2002— Insurers definition, scope of coverage, and disclosures, 78864-78869 02-32468 Workers’ Workers’ Compensation Programs Office RULES Energy Employees Occupational Illness Compensation Program Act; implementation:

Lump-sum payments and medical benefits payments to covered DOE employees, their survivors, and certain vendors, contractors, and subcontractors, 78873-78910 02-31841 Separate Parts In This Issue Part II Labor Department, Workers’ Compensation Programs Office, 78873-78910 02-31841 Part III Army Department, Engineers Corps, 78911-78912 02-32458 Part IV Education Department, 78913-78934 02-32575 02-32576 Part V Treasury Department, Fiscal Service, 78935-78946 02-32572 Part VI Environmental Protection Agency, 78947-78958 02-32610 02-32611 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. 67 248 Thursday, December 26, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 56 and 70 [Docket No. PY-02-002] RIN 0581-AC10 Increase in Fees and Charges for Egg, Poultry, and Rabbit Grading AGENCY:

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

(AMS)is increasing the fees and charges for Federal voluntary egg, poultry, and rabbit grading. These fees and charges are increased to cover the increase in salaries of Federal employees, salary increases of State employees cooperatively utilized in administering the programs, and other increased Agency costs. EFFECTIVE DATE: January 1, 2003. FOR FURTHER INFORMATION CONTACT: David Bowden, Jr., Chief, Standardization Branch,

(202)720-3506. SUPPLEMENTARY INFORMATION: Background The Agricultural Marketing Act

(AMA)of 1946 (7 U.S.C. 1621 *et seq.* ) authorizes official voluntary grading and certification on a user-fee basis of eggs, poultry, and rabbits. 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 these programs to determine if fees are adequate and if costs are reasonable. This rule will amend the schedule for fees and charges for grading services rendered to the egg, poultry, and rabbit industries to reflect the costs currently associated with them. A recent review of the current fee schedule, effective January 1, 2002, revealed that anticipated revenue would not adequately cover increasing program costs. Costs in FY 2003 are projected at $27.2 million. Without a fee increase, FY 2003 revenues are projected at $26.0 million and trust fund balances would be $15.2 million. With a fee increase, FY 2003 revenues are projected at $27.2 million and trust fund balances would remain at $16.4 million. Employee salaries and benefits account for approximately 82 percent of the total operating budget. The last general and locality salary increase for Federal employees became effective on January 1, 2002 and it materially affected program costs. Projected cost estimates for that increase were based on a salary increase of 3.6 percent, however, the increase was actually 4.52 to 5.42 percent, depending on locality. Another general and locality salary increase estimated at 2.6 percent is expected in January 2003. Also, from October 2001 through September 2003, salaries and fringe benefits of federally-licensed State employees will have increased by about 6 percent. The impact of these cost increases was determined for resident, nonresident, and fee services. To offset projected cost increases, the hourly resident and nonresident rate will be increased by approximately 5.8 percent and the fee rate will be increased by approximately 6 percent. The hourly rate for resident and nonresident service covers graders' salaries and benefits. The hourly rate for fee service covers graders' salaries and benefits, plus the cost of travel and supervision. Administrative charges that cover the cost of supervision for resident poultry and shell egg grading will also be increased as shown in the table below. Administrative charges for resident rabbit grading and nonresident services will not be changed. The following table compares current fees and charges with proposed fees and charges for egg, poultry, and rabbit grading as found in 7 CFR parts 56 and 70: Service Current Proposed Resident Service (egg, poultry, rabbit grading) Inauguration of service $310 $310 Hourly charges: Regular hours 31.52 33.36 Administrative charges—Poultry grading: Per pound of poultry .00036 .00037 Minimum per month 250 260 Maximum per month 2,650 2,675 Administrative charges—Shell egg grading: Per 30-dozen case of shell eggs .046 .048 Minimum per month 250 260 Maximum per month 2,650 2,675 Administrative charges—Rabbit grading: Based on 25 % of grader's salary, minimum per month 260 260 Nonresident Service (egg, poultry grading) Hourly charges: Regular hours 31.52 33.36 Administrative charges: Based on 25 % of grader's salary, minimum per month 260 260 Fee and Appeal Service (egg, poultry, rabbit grading) Hourly charges: Regular hours 54.40 57.68 Weekend and holiday hours 62.76 66.64 Comments Based on the analysis of costs to provide these services, a proposed rule to increase the fees for these services was published in the **Federal Register** (67 FR 48816) on July 26, 2002. Comments on the proposed rule were solicited from interested parties until August 26. No comments were received. The Agency will implement these increases, as proposed, to ensure the financial stability of its grading programs. Executive Order 12866 This action has been determined to be not significant for purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility 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 is determined that its provisions will not have a significant economic impact on a substantial number of small entities. There are about 400 users of Poultry Programs' grading services. These official plants can pack eggs, poultry, and rabbits in packages bearing the USDA grade shield when AMS graders are present to certify that the products meet the grade requirements as labeled. Many of these users are small entities under the criteria established by the Small Business Administration (13 CFR 121.201). These entities are under no obligation to use grading services as authorized under the Agricultural Marketing Act of 1946. The AMS regularly reviews its user fee financed programs to determine if fees are adequate and if costs are reasonable. A recent review determined that the existing fee schedule, effective January 1, 2002, will not generate sufficient revenues to cover program costs while maintaining an adequate reserve balance in FY 2003. Costs in FY 2003 are projected at $27.2 million. Without a fee increase, FY 2003 revenues are projected at $26.0 million and trust fund balances would be $15.2 million. With a fee increase, FY 2003 revenues are projected at $27.2 million and trust fund balances would remain at $16.4 million. This action will raise the fees charged to users of grading services. The AMS estimates that overall, this rule would yield an additional $1.2 million during FY 2003. The hourly rate for resident and nonresident service will increase by approximately 5.8 percent and the fee rate will increase by approximately 6 percent. The impact of these rate changes in a poultry plant will range from less than 0.007 to 0.037 cents per pound of poultry handled. In a shell egg plant, the range will be less than 0.021 to 0.036 cents per dozen eggs handled. 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 which must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction The information collection requirements that appear in the sections to be amended by this action have been previously approved by OMB and assigned OMB Control Numbers under the Paperwork Reduction Act (44 U.S.C. Chapter 35) as follows: § 56.52(a)(4)—No. 0581-0128; and § 70.77(a)(4)—No. 0581-0127. Pursuant to 5 U.S.C. 553, it is found and determined that good cause exists for not postponing the effective date of this action until 30 days after publication in the **Federal Register** . The revised fees need to be implemented on an expedite basis in order to avoid further financial losses in the grading program. The effective date of the fee increase will be set to coincide with the billing cycle that begins on the first day of the first month after date of publication in the **Federal Register** . List of Subjects 7 CFR Part 56 Eggs and egg products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. 7 CFR Part 70 Food grades and standards, Food labeling, Poultry and poultry products, Rabbits and rabbit products, Reporting and recordkeeping requirements. For reasons set forth in the preamble, Title 7, Code of Federal Regulations, parts 56 and 70 are amended as follows: PART 56—GRADING OF SHELL EGGS 1. The authority citation for part 56 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Section 56.46 is revised to read as follows: § 56.46 On a fee basis.

(a)Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.

(b)Fees for grading services will be based on the time required to perform the services. The hourly charge shall be $57.68 and shall include the time actually required to perform the grading, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c)Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $66.64 per hour. Information on legal holidays is available from the Supervisor. 3. In § 56.52, paragraph (a)(4) is revised to read as follows: § 56.52 Continuous grading performed on resident basis.

(a)* * *

(4)An administrative service charge based upon the aggregate number of 30-dozen cases of all shell eggs handled in the plant per billing period multiplied by $0.048, except that the minimum charge per billing period shall be $260 and the maximum charge shall be $2,675. The minimum charge also applies where an approved application is in effect and no product is handled. PART 70—VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS 4. The authority citation for part 70 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 5. Section 70.71 is revised to read as follows: § 70.71 On a fee basis.

(b)Fees for grading services will be based on the time required to perform such services for class, quality, quantity (weight test), or condition, whether ready-to-cook poultry, ready-to-cook rabbits, or specified poultry food products are involved. The hourly charge shall be $57.68 and shall include the time actually required to perform the work, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c)Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $66.64 per hour. Information on legal holidays is available from the Supervisor. 6. In § 70.77, paragraph (a)(4) is revised to read as follows: § 70.77 Charges for continuous poultry or rabbit grading performed on a resident basis.

(a)* * *

(4)For poultry grading: An administrative service charge based upon the aggregate weight of the total volume of all live and ready-to-cook poultry handled in the plant per billing period computed in accordance with the following: Total pounds per billing period multiplied by $0.00037, except that the minimum charge per billing period shall be $260 and the maximum charge shall be $2,675. The minimum charge also applies where an approved application is in effect and no product is handled. Dated: December 19, 2002. A. J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-32504 Filed 12-24-02; 8:45 am]

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