Unknown. Final rule

4,477 words·~20 min read·/register/2003/02/07/03-3059

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-2003-02-07.xml --- 68 26 Friday, February 7, 2003 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Public Health Conference Support Program, 6458-6459 03-3029 Meetings: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 6459 03-3028 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service RULES Administrative practice and procedure:

Oral decisions appeal, 6339-6341 03-3059 NOTICES Meetings; Sunshine Act, 6400 03-3253 Animal Animal and Plant Health Inspection Service RULES Animal Health Protection Act; implementation: Authority citation revisions, 6341-6346 03-3058 Plant-related quarantine, foreign: Fruits and vegetables; movement and importation Correction, 6544 C3-1211 PROPOSED RULES Plant-related quarantine, foreign: Wheat and related products; flag smut import prohibitions, 6362-6363 03-3057 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 6403-6404 03-3183 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 6459-6460 03-3024 03-3037 Grants and cooperative agreements; availability, etc.: Acute Care, Rehabilitation, and Disability Prevention Research, 6460-6467 03-3035 Dissemination Research of Effective Interventions to Prevent Unintentional Injuries, 6467-6471 03-3025 Intimate Partner Violence and Sexual Violence Related Injury Prevention Research, 6471-6475 03-3034 Minority Communities;

Violence-Related Injury Prevention Research Program, 6475-6479 03-3033 Public Health Conference Support Program, 6458-6459 03-3029 Traumatic Injury Biomechanics Research, 6479-6483 03-3032 Unintentional Injury, Violence Related Injury, Acute Care, Disability, and Rehabilitation-Related Research; investigator training, 6483-6488 03-3027 Reports and guidance documents; availability, etc.: Dentistry; Infection Control Practices, 6488-6489 03-3026 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities:

Proposed collection; comment request, 6489-6490 03-2999 Commerce Commerce Department 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, 6403 03-3072 Community Community Development Financial Institutions Fund NOTICES Grants and cooperative agreements; availability, etc.: Community Development Financial Institutions Program Financial Assistance Component; correction, 6540 03-3108 Comptroller Comptroller of the Currency PROPOSED RULES National banks:

Authority provided by American Homeownership and Economic Opportunity Act, and other miscellaneous amendments, 6363-6376 03-2641 Defense Defense Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 6419-6420 03-2976 Committees; establishment, renewal, termination, etc.: Defense Finance and Accounting Service Board of Advisors, 6420 03-2977 Environmental statements; availability, etc.: Ground-Based Midcourse Defense Extended Test Range, 6420-6421 03-2975 Meetings:

Science Board, 6421 03-2978 Drug Drug Enforcement Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 03-3077 6512-6513 03-3078 *Applications, hearings, determinations, etc.:* Applied Science Labs, 6513 03-3049 Johnson Matthey, Inc., 6514 03-3050 Polaroid Corp., 6514 03-3048 Research Triangle Institute, 6514-6515 03-3051 03-3052 Rhodes Technologies, 6515 03-3053 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 6421-6422 03-3124 Grants and cooperative agreements; availability, etc.: Indian education programs— Native American and Alaska Native Children in School Program; correction, 6422-6441 03-3042 State educational agencies; submission of expenditure and revenue data, etc., 6599-6601 03-3067 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 6516-6517 03-2655 Energy Energy Department See Federal Energy Regulatory Commission RULES Acquisition regulations:

Products containing recovered materials, 6355-6359 03-2911 NOTICES Grants and cooperative agreements; availability, etc.: Plasma and fusion science; theoretical research, 6442-6444 03-3046 Meetings: Basic Energy Sciences Advisory Committee, 6444 03-3045 EPA Environmental Protection Agency NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 6449-6450 03-3061 Weekly receipts, 6449 03-3060 Grants and cooperative agreements; availability, etc.:

Great Lakes National Program, 6450 03-3064 Reports and guidance documents; availability, etc.: U.S. Greenhouse Gas Emissions and Sinks Inventory (1990-2001), 6450-6451 03-3063 Water pollution control: National pollutant discharge elimination system (NPDES)— Storm water discharges from construction activities; general permit, 6451-6452 03-3240 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States Farm Farm Service Agency NOTICES Agency information collection activities:

Proposed collection; comment request, 6400-6401 03-3044 FAA Federal Aviation Administration RULES Airworthiness directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER), 6347-6350 03-2783 PROPOSED RULES Airworthiness directives: Bell, 6383-6385 03-3030 General Electric Co., 6379-6380 03-2995 Pilatus Aircraft, Ltd., 6376-6378 03-2994 Sikorsky, 6382-6383 03-3031 Turbomeca S.A., 6380-6381 03-2996 NOTICES Reports and guidance documents; availability, etc.: Airport rates and charges; policy statement, 6530-6531 03-2694 FCC Federal Communications Commission RULES Common carrier services:

Americans with Disabilities Act; implementation— Telecommunications relay services; coin sent-paid calls, 6352-6355 03-3069 Wireless telecommunications services— Bell Operating Companies separate affiliate and related requirements; sunset, 6351-6352 03-3068 NOTICES Agency information collection activities: Proposed collection; comment request, 6452 03-3000 Common carrier services: Wireless telecommunications services— Lower 700 MHz band licenses auction; revised inventory and auction start date; reserve prices or minimum opening bids, etc., 6452-6454 03-3071 Reports and guidance documents; availability, etc.:

Incumbent local exchange carriers; interstate access tariffs; protections against risk of uncollectibles, 6454 03-3070 Federal Election Federal Election Commission RULES Coordinated and independent expenditures; transmittal to Congress Correction, 6346-6347 03-3127 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 6448-6449 03-3119 *Applications, hearings, determinations, etc.:* Consolidated Edison Energy, Inc., et al., 6444-6446 03-3114 Pacific Gas & Electric Co. et al., 6446-6448 03-3113 FMC Federal Maritime Commission NOTICES Complaints filed:

HUAL AS, 6455 03-3016 Meetings; Sunshine Act, 6455 03-3102 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 6455-6456 03-3010 Formations, acquisitions, and mergers, 6456 03-3009 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Over-the-road Bus Accessibility Program, 6531-6539 03-3080 Fish Fish and Wildlife Service NOTICES Boundary adjustments: Kodiak National Wildlife Refuge, AK, 6496-6497 03-3103 Endangered and threatened species:

Findings on petitions, etc.— Mount Ashland lupine and Henderson's horkelia, 6498-6500 03-3019 Western sage grouse, 6500-6504 03-3020 Endangered and threatened species permit applications, 6497-6498 03-2993 Food Food and Drug Administration NOTICES Meetings: Advisory Committees; tentative schedule (2003), 6490-6492 03-3076 Forest Forest Service NOTICES Environmental statements; notice of intent: Manti-La Sal National Forest, UT, 6401-6402 03-3104 Meetings: Resource Advisory Committees— Columbia County, 6402-6403 03-2998 Southeast Washington County, 6402 03-2997 GSA General Services Administration NOTICES Meetings:

President's Homeland Security Advisory Council, 6456 03-3254 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Poverty income guidelines; annual update, 6456-6458 03-3018 Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs:

Puerto Rico; condominium development; FHA approval, 6595-6597 03-2972 PROPOSED RULES Real Estate Settlement Procedures Act: Simplifying and improving process of obtaining mortgages to reduce settlement costs to consumers; final rule target publication date, 6385 03-2973 NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 6545-6561 03-2630 Immigration Immigration and Naturalization Service NOTICES Meetings:

Data Management Improvement Act Task Force, 6515-6516 03-3161 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 6504 03-2991 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Principal residence sale or exchange— Exclusion of gain; correction, 6350-6351 03-3091 Income taxes and procedure and administration:

Qualified tuition and related expenses; information reporting, including magnetic media filing requirements for information returns; correction, 6350 03-3092 NOTICES Agency information collection activities: Proposed collection; comment request, 03-3093 03-3094 6540-6542 03-3095 03-3096 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Various countries, 6404-6409 03-3090 Carbon steel butt-weld pipe fittings from— Thailand, 6409-6412 03-3087 Oil country tubular goods, other than drill pipe, from— Korea, 6412 03-3089 Tin mill products from— Japan, 6412-6415 03-3088 *Applications, hearings, determinations, etc.:* National Institutes of Health, 6415 03-3082 University of— Chicago et al., 6415 03-3083 International International Trade Commission NOTICES Harmonized Tariff Schedule; maintenance; comment request, 6510-6511 03-3056 Import investigatios:

Prestressed concrete steel wire strand from— Various countries, 6511-6512 03-3017 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service See Parole Commission Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 6504-6508 03-3011 03-3012 03-3014 03-3015 Management Management and Budget Office NOTICES Meetings:

Performance Measurement Advisory Council, 6520 03-3105 Mine Mine Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 6517-6518 03-3055 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Space Science Advisory Committee, 6518-6519 03-3110 Patent licenses; non-exclusive, exclusive, or partially exclusive: Graftel, Inc., 6519 03-3109 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

School bus body joint strength; correction, 6359-6360 03-2702 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 6492-6493 03-2988 Inventions, Government-owned; availability for licensing, 6493 03-2989 Meetings: National Heart, Lung, and Blood Institute, 6493-6494 03-2982 03-2986 National Human Genome Research Institute, 6494 03-2983 National Institute of Environmental Health Sciences, 6495 03-2984 National Institute of Nursing Research, 6494-6495 03-2979 03-2980 03-2981 National Institute on Drug Abuse, 6495-6496 03-2985 03-2987 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 6360-6361 03-2990 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Halibut and groundfish; seabird incidental take reduction, 6386-6399 03-2805 NOTICES Agency information collection activities: Proposed collection; comment request, 6415-6418 03-3001 03-3002 03-3084 03-3085 Submission for OMB review; comment request, 6418-6419 03-3003 Permits:

Marine mammals, 6419 03-3086 National Park National Park Service NOTICES Environmental statements; notice of intent: Harriet Tubman sites, NY and MD; Special Resource Study, 6508-6509 03-3097 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Duke Power Co., 6519-6520 03-3066 Occupational Occupational Safety and Health Administration NOTICES Meetings: Occupational Safety and Health National Advisory Committee, 6518 03-3054 Office Office of Management and Budget See Management and Budget Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Parole Parole Commission NOTICES Meetings; Sunshine Act, 6516 03-3129 03-3130 Public Public Debt Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 6542-6543 03-3021 03-3022 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Merced County, CA; San Luis Reservior and Los Banos Creek State Recreation Area, 6509-6510 03-3023 Research Research and Special Programs Administration PROPOSED RULES Pipeline safety: Hazardous liquid transportation— Gas transmission pipelines; pipeline integrity management in high consequence areas; workshop, 6385-6386 03-3079 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 6400-6401 03-3044 Rural Rural Housing Service NOTICES Agency information collection activities:

Proposed collection; comment request, 6400-6401 03-3044 RUS Rural Utilities Service NOTICES Agency information collection activities: Proposed collection; comment request, 6400-6401 03-3044 SEC Securities and Exchange Commission RULES Investment advisers: Proxy voting, 6584-6593 03-2952 Securities and investment companies: Proxy voting policies and records disclosure by registered management investment companies, 6563-6585 03-2951 NOTICES Investment Company Act of 1940: Exemption applications— ARK Funds et al., 6520-6524 03-3004 Joint Industry Plan:

International Securities Exchange, Inc., et al., 6524-6526 03-3101 Meetings; Sunshine Act, 6526 03-3241 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 6526-6527 03-3100 Chicago Board Options Exchange, Inc., 6527-6528 03-3098 New York Stock Exchange, Inc.; correction, 6544 C2-32738 Philadelphia Stock Exchange, Inc., 6528-6529 03-3099 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Mental Health, President's New Freedom Commission, 6496 03-3075 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee:

U.S.-Morocco Free Trade Agreement— Employment impact review, 6529-6530 03-2971 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service See Public Debt Bureau NOTICES Agency information collection activities:

Submission for OMB review; comment request, 6539-6540 03-2992 Separate Parts In This Issue Part II Housing and Urban Development Department, 6545-6561 03-2630 Part III Securities and Exchange Commission, 6563-6593 03-2951 03-2952 Part IV Housing and Urban Development Department, 6595-6597 03-2972 Part V Education Department, 6599-6601 03-3067 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. 68 26 Friday, February 7, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 1 RIN 0503-AA25 Appeal of Oral Decisions Under the Rules of Practice AGENCY: Office of the Secretary, USDA. ACTION:

Final rule. SUMMARY: The Office of the Secretary is amending the rules of practice governing formal adjudicatory proceedings instituted by the Secretary under various statutes. This final rule amends the rules of practice governing formal adjudicatory proceedings instituted by the Secretary under various statutes to provide that any appeal to the Judicial Officer from an oral decision of an administrative law judge must be filed within 30 days after the oral decision is issued.

The Office of the Secretary is also making a number of minor, nonsubstantive changes to the rules of practice governing formal adjudicatory proceedings instituted by the Secretary under various statutes. EFFECTIVE DATE: February 7, 2003. FOR FURTHER INFORMATION CONTACT: Patrice Harps, Deputy Assistant General Counsel, Trade Practices Division, Office of the General Counsel, USDA, Room 2309, South Building, 1400 Independence Avenue, SW., Washington, DC 20250,

(202)720-5293. SUPPLEMENTARY INFORMATION: Background Appeal to the Judicial Officer The rules of practice governing formal adjudicatory proceedings instituted by the Secretary under various statutes (7 CFR 1.130 through 1.151) (referred to as the “uniform rules” below) provide that an administrative law judge may issue an oral or written decision. Current 7 CFR 1.142(c)(2) provides that if an administrative law judge orally announces a decision, a copy of the decision shall be furnished to the parties by the Hearing Clerk. Irrespective of the date a copy of the decision is mailed, the issuance date of the oral decision is the date the decision is orally announced. Current 7 CFR 1.145(a) provides that a party who disagrees with an administrative law judge's decision may appeal to the Judicial Officer within 30 days after receiving service of the administrative law judge's decision. The Judicial Officer has held that an appeal from an oral decision must be filed within 30 days after the date the administrative law judge orally announces the decision. *In re PMD Produce Brokerage Corp.* , 59 Agric. Dec. 344

(2000)(order denying late appeal); *In re PMD Produce Brokerage Corp.* , 59 Agric. Dec. 351

(2000)(order denying petition for reconsideration). On appeal, the United States Court of Appeals for the District of Columbia Circuit held that current 7 CFR 1.142(c)(2) and 7 CFR 1.145(a) are ambiguous because the Secretary of Agriculture did not give fair notice that the uniform rules require an appeal to be filed within 30 days after the administrative law judge orally announces a decision. *PMD Produce Brokerage Corp.* v. *U.S. Department of Agriculture* , 234 F.3d 48 (D.C. Cir. 2000). The Office of the Secretary is amending 7 CFR 1.145(a) to eliminate the ambiguity found by the United States Court of Appeals for the District of Columbia Circuit. Specifically, the Office of the Secretary is amending 7 CFR 1.145(a) to provide that any appeal to the Judicial Officer from an oral decision issued by an administrative law judge must be filed within 30 days after the administrative law judge issues the oral decision. Miscellaneous Changes The Office of the Secretary is also making a number of minor, nonsubstantive changes. The uniform rules are applicable to adjudicatory proceedings under the statutory provisions listed in 7 CFR 1.131(a). One of the statutory provisions listed in current 7 CFR 1.131(a) is the “Packers and Stockyards Act, 1921, as supplemented, sections 203, 312, 401, 502(b), and 505 of the Act, and section 1, 57 Stat. 422, as amended by section 4, 90 Stat. 1249 (7 U.S.C. 193, 204, 213, 218a, 218d, 221).” Sections 502 and 505 of the Packers and Stockyards Act were repealed by section 10 of the Poultry Producers Financial Protection Act of 1987. Therefore, in order to reflect the 1987 amendment to the Packers and Stockyards Act, the Office of the Secretary is amending the reference in 7 CFR 1.131(a) to the Packers and Stockyards Act to read “Packers and Stockyards Act, 1921, as supplemented, sections 203, 312, and 401 of the Act, and section 1, 57 Stat. 422, as amended by section 4, 90 Stat. 1249 (7 U.S.C. 193, 204, 213, 221).” Current 7 CFR 1.131(a) also lists the “Perishable Agricultural Commodities Act, 1930, sections 1(9), 3(c), 4(d), 6(c), 8(a), 8(b), 8(c), 9 and 13(a), (7 U.S.C. 499c(c), 499d(d), 499f(c), 499h(a), 499h(b), 499h(c), 499i, 499m(a)).” The Perishable Agricultural Commodities Act was amended by the Perishable Agricultural Commodities Act Amendments of 1995 on November 15, 1995. Section 11 of the Perishable Agricultural Commodities Act Amendments of 1995 added section 8(e) to the Perishable Agricultural Commodities Act which provides for the assessment of civil penalties for violations of the Perishable Agricultural Commodities Act after an adjudicatory proceeding conducted by the Secretary. These proceedings are currently conducted in accordance with the uniform rules. Therefore, in order to reflect the 1995 amendment to the Perishable Agricultural Commodities Act, the Office of the Secretary is amending the reference in 7 CFR 1.131(a) to the Perishable Agricultural Commodities Act by adding a reference to section 8(e) and to the section in the United States Code in which section 8(e) is codified, 7 U.S.C. 499h(e). The Office of the Secretary is also correcting the reference to section “1(9)” to read “1(b)(9)” and adding a reference to the section in the United States Code in which section 1(b)(9) of the Perishable Agricultural Commodities Act is codified, 7 U.S.C. 499a(b)(9). Current 7 CFR 1.131(a) also lists the “United States Grain Standards Act, sections 7(g)(3), 9, (footnote 2) 10, and 17A(d) (7 U.S.C. 79(g)(3), 85, 86).” Footnote 2 states: “[t]he rules of practice in this subpart are applicable to formal proceedings under section 9 of the United States Grain Standards Act for refusal to renew, or for suspension or revocation of a license if the respondent requests that such proceeding be subject to the administrative procedure provisions in 5 U.S.C. 554, 556, and 557. If such a request is not made, the rules of practice in 7 CFR part 26, subpart C shall apply.” Title 7 CFR part 26, subpart C, was deleted, effective April 11, 1980 (45 FR 15873). Therefore, the Office of the Secretary is removing footnote 2 and the reference to footnote 2 in 7 CFR 1.131(a). The Office of the Secretary is also adding a reference to the section in the United States Code in which section 17A(d) of the United States Grain Standards Act is codified, 7 U.S.C. 87f-1(d). The Office of the Secretary is also:

(1)Correcting cross-references to regulations and statutes in 7 CFR 1.132, 7 CFR 1.133(b)(2), 7 CFR 1.136(c), 7 CFR 1.137(b), 7 CFR 1.141(e)(2), and 7 CFR 1.144(c);

(2)making editorial changes in 7 CFR 1.131(b), 7 CFR 1.141(b)(1) (redesignated footnote 2), 7 CFR 1.142(c)(4), 7 CFR 1.143(d), 7 CFR 1.144(c)(13), 7 CFR 1.147(h), and 7 CFR 1.148(a)(3) for clarity and to correct typographical errors; and

(3)eliminating gender-specific references in 7 CFR 1.141(e)(2). 5 U.S.C. 553, 601, and 804 This rule amends provisions of the rules of practice governing the conduct of certain adjudicatory proceedings before the Secretary of Agriculture. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required for this rule, and this rule may be made effective less than 30 days after publication in the **Federal Register** . In addition, under 5 U.S.C. 804, this rule is not subject to congressional review under the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. Finally, this rule is exempt from the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). 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 OMB. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative proceedings which must be exhausted before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 1 Administrative practice and procedure, Agriculture, Antitrust, Blind, Claims, Concessions, Cooperatives, Equal access to justice, Federal buildings and facilities, Freedom of information, Lawyers, Privacy. Accordingly, 7 CFR part 1 is amended as follows: PART 1—ADMINISTRATIVE REGULATIONS 1. The authority citation for part 1 continues to read as follows: Authority: 5 U.S.C. 301, unless otherwise noted. Subpart H—Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes § 1.131 [Amended] 2. Section 1.131 is amended as follows: a. In paragraph (a), the reference to “Packers and Stockyards Act, 1921, as supplemented, sections 203, 312, 401, 502(b), and 505 of the Act, and section 1, 57 Stat. 422, as amended by section 4, 90 Stat. 1249 (7 U.S.C. 193, 204, 213, 218a, 218d, 221)” is removed and “Packers and Stockyards Act, 1921, as supplemented, sections 203, 312, and 401 of the Act, and section 1, 57 Stat. 422, as amended by section 4, 90 Stat. 1249 (7 U.S.C. 193, 204, 213, 221)” is added in its place. b. In paragraph (a), the reference to “Perishable Agricultural Commodities Act, 1930, sections 1(9), 3(c), 4(d), 6(c), 8(a), 8(b), 8(c), 9 and 13(a), (7 U.S.C. 499c(c), 499d(d), 499f(c), 499h(a), 499h(b), 499h(c), 499i, 499m(a))” is removed and “Perishable Agricultural Commodities Act, 1930, sections 1(b)(9), 3(c), 4(d), 6(c), 8(a), 8(b), 8(c), 8(e), 9, and 13(a) (7 U.S.C. 499a(b)(9), 499c(c), 499d(d), 499f(c), 499h(a), 499h(b), 499h(c), 499h(e), 499i, 499m(a))” is added in its place. c. In paragraph (a), footnote 2 and the reference to footnote 2 are removed. d. In paragraph (a), the reference to “(7 U.S.C. 79(g)(3), 85, 86)” is removed and “(7 U.S.C. 79(g)(3), 85, 86, 87f-1(d))” is added in its place. e. In paragraph (b)(1), the period is removed immediately after the word “service” and a semicolon is added in its place. f. In paragraph (b)(2), the period is removed immediately after the reference to “(9 CFR parts 160, 161)” and a semicolon is added in its place. § 1.132 [Amended] 3. In § 1.132 the definition of “Petitioner” is amended by removing the reference to “7 U.S.C. 499a(9)” and adding “7 U.S.C. 499a(b)(9)” in its place. § 1.133 [Amended] 4. In § 1.133, paragraph (b)(2) is amended by removing the reference to “7 CFR 47.47-47.68” and adding a reference to “§§ 47.47-47.49 of this title” in its place; and by removing the reference to “7 U.S.C. 499a(9)” and adding a reference to “7 U.S.C. 499a(b)(9)” in its place. § 1.136 [Amended] 5. In § 1.136, paragraph (c), the reference to “§ 1.136(a)” is removed and the words “paragraph

(a)of this section” are added in its place. § 1.137 [Amended] 6. In § 1.137, paragraph

(b)is amended by removing the reference to “7 U.S.C. 499a(9)” and adding a reference to “7 U.S.C. 499a(b)(9)” in its place. § 1.141 [Amended] 7. Section 1.141 is amended as follows: a. In paragraph (b)(1), footnote 3 is redesignated as footnote 2 and is amended by removing the letter “z” immediately after the period at the end of the footnote. b. In paragraph (e)(2), the reference to “7 U.S.C. 499a(9)” is removed and “7 U.S.C. 499a(b)(9)” is added in its place; and the word “his” is removed both times it appears and the word “the” is added in its place. § 1.142 [Amended] 8. In § 1.142, paragraph (c)(4) is amended by adding the words “final and” immediately before the word “effective”. § 1.143 [Amended] 9. In § 1.143, paragraph

(d)is amended by removing the word “their” and adding the words “the Judge's or Judicial Officer's” in its place. § 1.144 [Amended] 10. Section 1.144 is amended as follows: a. In paragraph (c), the introductory text is amended by removing the word “elsewhere”; and by removing the word “part” and adding the word “subpart” in its place. b. Paragraph (c)(13) is amended by adding the word “and” immediately after the semicolon. 11. In § 1.145, paragraph

(a)is revised to read as follows: § 1.145 Appeal to Judicial Officer.

(a)*Filing of petition.* Within 30 days after receiving service of the Judge's decision, if the decision is a written decision, or within 30 days after issuance of the Judge's decision, if the decision is an oral decision, a party who disagrees with the decision, any part of the decision, or any ruling by the Judge or who alleges any deprivation of rights, may appeal the decision to the Judicial Officer by filing an appeal petition with the Hearing Clerk. As provided in § 1.141(h)(2), objections regarding evidence or a limitation regarding examination or cross-examination or other ruling made before the Judge may be relied upon in an appeal. Each issue set forth in the appeal petition and the arguments regarding each issue shall be separately numbered; shall be plainly and concisely stated; and shall contain detailed citations to the record, statutes, regulations, or authorities being relied upon in support of each argument. A brief may be filed in support of the appeal simultaneously with the appeal petition. § 1.147 [Amended] 12. In § 1.147, paragraph (h), the word “extened” is removed and the word “extended” is added in its place. § 1.148 [Amended] 13. In § 1.148, paragraph (a)(3), the word “leat” is removed and the word “least” is added in its place. 14. In § 1.149 footnote 4 is redesignated as footnote 3. Done in Washington, DC this 31st day of January, 2003. Ann M. Veneman, Secretary of Agriculture. [FR Doc. 03-3059 Filed 2-6-03; 8:45 am]

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