Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-05-02.xml --- 68 85 Friday, May 2, 2003 Contents Agricultural Agricultural Marketing Service RULES Olives grown in— California, 23378-23381 03-10818 Perishable agricultural commodities: Fresh and frozen fruits and vegetables that are coated or battered, 23377-23378 03-10819 NOTICES Pesticides, federally restricted use; certified applicators; recordkeeping requirements; Section 610 review, 23439 03-10870 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Economic Research Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Noxious weeds:

Kikuyu grass cultivars, 23425 03-10875 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 23466-23467 03-10837 03-10838 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Georgia, 23441-23442 03-10901 Meetings; Sunshine Act, 23442 03-10992 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 23390 03-10831 Ports and waterways safety: Illinois Waterway System; Ninth Coast Guard District; regulated navigation area, 23399-23404 03-10827 Inland rivers; Eighth Coast Guard District; regulated navigation areas, 23393-23399 03-10826 Portland, OR— Large passenger vessels protection; security and safety zones, 23390-23393 03-10832 Commerce Commerce Department See National Institute of Standards and Technology See Technology Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 23441 03-10924 Defense Defense Department See Navy Department Economic Economic Research Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 23439-23440 03-10872 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Technical Assistance ALLIANCE for Parents Centers, 23445-23446 03-10886 Employment Employment and Training Administration NOTICES Adjustment assistance: Power One, 23499 03-10861 Agency information collection activities; proposals, submissions, and approvals, 23499-23500 03-10862 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 23500-23501 03-10611 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Onboard idle reduction technologies on Class 7 and 8 trucks; cost shared demonstration and information dissemination projects, 23446-23447 03-10883 Meetings: Basic Energy Sciences Advisory Committee, 23447 03-10880 Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 23448 03-10882 Idaho National Engineering and Environmental Laboratory, ID, 23447-23448 03-10881 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 23404-23407 03-10658 Hazardous waste program authorizations: Virginia; withdrawn, 23407-23408 03-10893 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 23430-23431 03-10659 NOTICES Agency information collection activities; proposals, submissions, and approvals, 23454-23457 03-10895 03-10896 Air pollution control: Citizens suits; proposed settlements— Our Children's Earth Foundation, 23457 03-10894 Environmental statements; availability, etc.:

Agency statements— Weekly receipts, 23457-23458 03-10897 Meetings: Environmental Laboratory Advisory Board, 23458 03-10892 Reports and guidance documents; availability, etc.: Clean Water Act— Section 319 nonpoint source grants awarded to Indian Tribes; guidelines, 23458-23461 03-8828 Farm Farm Credit Administration PROPOSED RULES Farm credit system: Farmers, ranchers, and aquatic producers or harvesters; eligibility and scope of financing, 23425-23426 03-10898 Meeting, 23426-23427 03-10899 NOTICES Meetings;

Sunshine Act, 23461 03-10996 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 23384-23387 03-10511 Pilatus Aircraft Ltd., 23387-23389 03-10510 PROPOSED RULES Airworthiness directives: EXTRA Flugzeugbau GmbH, 23427-23430 03-10846 NOTICES Advisory circulars; availability, etc.: Continuing analysis and surveillance system; development and implementation, 23518-23519 03-10835 Passenger facility charges; applications, etc.: North Bend Municipal Airport, OR, 23519 03-10836 FCC Federal Communications Commission RULES Practice and procedure:

Wireless telecommunications services— Tribal lands bidding credits, 23417-23423 03-10736 PROPOSED RULES Practice and procedure: Wireless telecommunications services— Tribal lands bidding credits, 23431-23438 03-10737 NOTICES Agency information collection activities; proposals, submissions, and approvals, 23462-23463 03-10853 03-10854 Practice and procedure: EEO Form 393; mandatory electronic filing; Media Bureau implementation, 23463-23464 03-10855 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale:

Various States, 23408-23410 03-10842 NOTICES Agency information collection activities; proposals, submissions, and approvals, 23474 03-10843 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Devon Power LLC et al., 23448-23454 03-10816 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Salt Lake and Utah Counties, UT, 23519-23520 03-10845 Federal Procurement Federal Procurement Policy Office NOTICES Government contracts:

Executive compensation benchmark amount determination, 23501-23502 03-10817 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: CSX Transportation, Inc., 23520 03-10833 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 23464 03-10824 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 23464-23465 03-11056 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent:

Salt Lake and Utah Counties, UT, 23519-23520 03-10845 Food Food and Drug Administration NOTICES Meetings: Cardiovascular and Renal Drugs Advisory Committee, 23467-23468 03-10805 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Madera County, 23440-23441 03-10851 GSA General Services Administration NOTICES Privacy Act: Systems of records, 23465-23466 03-10804 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration RULES Health care access:

Individual health insurance market— Operation of qualified high risk pools; grants to States, 23410-23417 03-10713 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 23468 03-10877 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 23474-23480 03-10561 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:

American Indian and Alaska Native Children, Youth, and Families Mental Health and Community Safety Initiative, 23468-23473 03-10884 Interior Interior Department See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 23522-23523 03-10925 03-10926 Meetings: Tax Exempt and Govenment Entities Advisory Committee, 23523-23524 03-10929 Taxpayer Advocacy Panels, 23524 03-10927 03-10928 International International Trade Commission NOTICES Import investigations:

Agricultural tractors, lawn tractors, riding lawnmowers, and components, 23497-23498 03-10812 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 23498-23499 03-10863 Land Land Management Bureau NOTICES Recreation management restrictions, etc.: King Range National Conservation Area, CA; bear-proof food storage canisters; supplementary rules, 23480-23482 03-10720 Resource management plans, etc.:

Richfield Field Office, UT, 23482-23483 03-10873 Withdrawal and reservation of lands: California, 23483-23484 03-10811 Management Management and Budget Office See Federal Procurement Policy Office Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Baylor Mining, Inc., et al., 23501 03-10823 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Contracting activity and head of contracting activity; definitions, 23423-23424 03-10806 Government property; heritage assets, 23424 03-10807 National Archives National Archives and Records Administration PROPOSED RULES NARA facilities:

Public use; threats added as prohibited behavior Correction, 23430 03-10808 National Credit National Credit Union Administration RULES Credit unions: Advertising accuracy and insured status notice, 23381-23384 03-10613 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings; Sunshine Act, 23502 03-11082 National Highway National Highway Traffic Safety Administration NOTICES Reports and guidance documents; availability, etc.: Occupant crash protection— NCAP Test Improvements with Pretensioners and Load Limiters, 23521-23522 03-10815 National Institute National Institute of Standards and Technology NOTICES Inventions, Government-owned; availability for licensing, 23442-23443 03-10922 03-10923 Meetings:

Trade standards workshops; technical input request, 23443 03-10921 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 23484 03-10903 Environmental statements; availability, etc.: Biscayne National Park, FL, 23485 03-10908 Denali National Park and Preserve, AK, 23485 03-10905 Environmental statements; notice of intent: Jean Lafitte National Historical Park and Preserve, LA, 23485-23486 03-10907 Meetings:

Acadia National Park Advisory Commission, 23486 03-10906 Gettysburg National Military Park Advisory Commission, 23486-23487 03-10904 National Capital Memorial Commission, 23487 03-10902 National Preservation Technology and Training Board, 23487-23488 03-10920 National Register of Historic Places: Pending nominations, 23488-23489 03-10909 03-10910 Native American human remains and associated funerary objects: Alaska State Musuem, Juneau, AK— Inventory from Tacoma area, Pierce County, WA, 23490 03-10912 Bernice Pauahi Bishop Museum, Honolulu, HI— Carved wooden human image and cowrie shell from Moloka’i, HI, 23491 03-10914 Inventory from Moloka’i, HI, 23490-23491 03-10913 Burke Museum, University of Washington, Seattle, WA— Cultural items from Siskiyou County, CA and Klamath County, OR, 23492-23493 03-10919 Inventory from Lake County, OR, 23491-23492 03-10918 Springfield Science Museum, MA— Inventory from Santa Barbara County, CA; correction, 23493-23494 03-10915 03-10916 University of California, Riverside, CA— Inventory from Riverside County, CA, 23495 03-10911 Inventory from Yucaipa, San Bernardino County, CA, 23496 03-10917 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 23444-23445 03-10849 03-10850 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 23502-23503 03-10859 Occupational Occupational Safety and Health Administration PROPOSED RULES Occcupational safety and health standards:

Walking and working surfaces; personal protective equipment (fall protection systems), 23527-23568 03-10617 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 23503-23504 03-10865 03-10869 Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 23504-23506 03-10866 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 23506-23507 03-10820 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 23507 03-10821 International Securities Exchange, Inc., 23507-23517 03-10822 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 23518 03-10885 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Substance Abuse Treatment Center— Screening, brief intervention, referral, and treatment, 23473-23474 03-10876 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 23496-23497 03-10813 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Burlington Northern & Santa Fe Railway Co., 23522 03-10874 Technology Technology Administration NOTICES Committees; establishment, renewal, termination, etc.: United States-Israel Science and Technology Commission Joint High Level Advisory Panel, 23443-23444 03-10814 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 23518 03-10834 Treasury Treasury Department See Internal Revenue Service See United States Mint MISSING FOR: United States Mint United States Mint NOTICES Committees; establishment, renewal, termination, etc.: Citizens Coinage Advisory Committee, 23524-23525 03-10864 Veterans Veterans Affairs Department NOTICES Meetings: Captial Asset Realignment for Enhanced Services Commission, 23525 03-10858 Geriatrics and Gerontology Advisory Committee, 23526 03-10856 Vocational Rehabilitation and Employment Task Force, 23526 03-10857 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 23527-23568 03-10617 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 85 Friday, May 2, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 46 [Docket No. FV02-369] RIN 0581-AC21 Perishable Agricultural Commodities Act (PACA): Amending Regulations To Extend PACA Coverage to Fresh and Frozen Fruits and Vegetables That Are Coated or Battered AGENCY:

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

(USDA)is amending the regulations under the Perishable Agricultural Commodities Act (PACA or Act) to extend PACA coverage to include fresh and frozen fruits and vegetables that are coated or battered. EFFECTIVE DATE: June 2, 2003. FOR FURTHER INFORMATION CONTACT: James R. Frazier, Chief, PACA Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Room 2095-So. Bldg., Washington, DC 20250, Phone

(202)720-2272. SUPPLEMENTARY INFORMATION: This regulation is issued under authority of section 15 of the PACA (7 U.S.C. 499o). The Perishable Agricultural Commodities Act (PACA or Act) establishes a code of fair trade practices covering the marketing of fresh and frozen fruits and vegetables in interstate and foreign commerce. The PACA protects growers, shippers, distributors, and retailers dealing in those commodities by prohibiting unfair and fraudulent trade practices. In this way, the law fosters an efficient nationwide distribution system for fresh and frozen fruits and vegetables, benefiting the whole marketing chain from farmer to consumer. USDA's Agricultural Marketing Service

(AMS)administers and enforces the PACA. The PACA also imposes a statutory trust for the benefit of unpaid sellers or suppliers on all perishable agricultural commodities received by a commission merchant, dealer, or broker and all inventories of food or other products derived from the sale of such commodities or products. Sellers who preserve their trust rights are entitled to payment ahead of other creditors, from trust assets, of money owed on past due accounts. In January 2000, a large food service distributor in the United States with annual net sales of approximately $8.9 million filed for Chapter 11 bankruptcy protection. The company, which listed over $30 million in produce debt, settled all PACA trust claims except five that involved over $11 million in coated and battered potato products. The firm contended that the coated and battered potatoes were not covered under the PACA trust provisions [7 U.S.C. 499e(c)]. As a result of the disputed bankruptcy claims, the Frozen Potato Products Institute (FPPI), a national trade association whose members are frozen potato processors accounting for 95 percent of all frozen potato products in the United States, in June 2000, asked AMS for a written advisory opinion to clarify whether or not coated or battered potato products are covered under the PACA. The majority of FPPI's members coat or batter their potato products to preserve their color and crispness while under heat lamps after cooking. The operation involves dipping potato strips into a mixture of water and natural vegetable starch ( *e.g.* , potato or rice). Subsequently, a crisping agent such as dextrin and/or a chemical leavening agent are added to the product. The product is then air blown to remove all but a thin layer of coating, oil-blanched, and then finally frozen. Coated or battered products are in great demand by fast food restaurants and consumers because the operation preserves the color and crispness of potatoes held under heat lamps, a common practice in fast food restaurants, although it does not alter the taste or texture of the product. Frozen potato processors have seen dramatic growth in the market for coated potatoes since the technology was first introduced in the early 1990's, and FPPI states that it expects that trend to continue. The food service distributor that filed for bankruptcy protection supplied approximately 36,000 restaurants throughout the United States. According to FPPI, 8.2 billion pounds of frozen potato products were produced in the United States from April 1999 to April 2000. Out of that total, approximately 26 percent were coated or battered, accounting for 2.1 billion pounds of potato products with a market value exceeding $800 million. In its response to FPPI, dated August 16, 2000, AMS concluded that coating or battering does not alter the essential character of the potato products because the operation leaves them virtually indistinguishable in appearance and texture from those that have not been coated or battered. The operation, AMS stated, is directly analogous to those described in 7 CFR 46.2(u) that may be performed on a perishable agricultural commodity without changing the commodity into a food of a different kind or character. In addition, the use of starches in the operation likely has less of an impact on the texture or essential character of the potato than other processes already expressly accepted in 7 CFR 46.2(u), such as chopping, oil blanching, and adding sugar or other sweetening agents. Although the PACA regulations previously did not specify that coated and battered perishable agricultural commodities were covered under the PACA, it has always been AMS' policy to recognize that the PACA covered such commodities since the coating or battering operation had no impact on the texture or essential character of the end product. The regulatory amendment herein codifies USDA's policy by amending the current PACA regulations' definition of “fresh fruits and fresh vegetables” [7 CFR 42(u)] to expressly extend PACA coverage to perishable agricultural commodities that have been coated or battered. Comments A proposed rule to amend the PACA regulations was published in the **Federal Register** on December 16, 2002 (67 FR 77002). The proposal sought to amend Title 7, part 46, to expressly extend PACA coverage to perishable agricultural commodities that have been coated or battered. Before the comment period ended on January 15, 2003, we received timely comments from Curt Maberry of Curt Maberry Farm, Inc., Lynden, Washington; and Frozen Potato Products Institute (FPPI), McLean, Virginia. Mr. Maberry and FPPI strongly support AMS' proposal to extend the coverage of the PACA to include fresh and frozen fruits and vegetables that are coated or battered. In his favorable comment, Mr. Maberry stated that he unequivocally recommends expanding the coverage of the PACA given that markets are ever-evolving, and AMS' proposal to allow fresh and frozen fruits to be coated or battered and still remain covered under the PACA is the correct and proper thing to do. Mr. Maberry applauded AMS for progressively taking care of the farmer. FPPI fully supports the proposed changes, which grants the request made by FPPI in its petition seeking precisely that AMS codify its existing agency policy that the coating or battering of fruits and vegetables are not processes that are considered to change a perishable agricultural commodity into a food of a different kind or character. In its comment, FPPI requested that AMS include in the preamble to the final rule a statement that it is amending the list of processes in the regulations to codify AMS' historical opinion that coated or battered frozen potato products are perishable agricultural commodities. AMS received no comments opposing the proposed regulation, and therefore is making no changes to the final rule. Executive Orders 12866 and 12988 This final rule, issued under the Perishable Agricultural Commodities Act (7 U.S.C. 499 *et seq.* ), has been determined to be not significant for the purposes of Executive Order 12866, and therefore, has not been reviewed by the Office of Management and Budget (OMB). This final rule has been reviewed under Executive Order 12988, Civil Justice Reform, and is not intended to have retroactive effect. This final rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Effects on Small Businesses Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), AMS has considered the economic impact of this final rule on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small agricultural service firms have been defined by the Small Business Administration

(SBA)(13 CFR 121.601) as those whose annual receipts are less than $5,000,000. There are approximately 15,700 firms licensed under the PACA, many of which could be classified as small entities. AMS recognizes that frozen potato products represent the largest single frozen commodity in the United States. PACA coverage of such commodities will affect countless growers, shippers, processors, and distributors who deal in the commodities, most of which are small businesses. To exclude over 26 percent of frozen potato products from coverage of the PACA, however, is inconsistent with the intent of Congress in enacting the PACA to protect producers and dealers of fresh and frozen fruits and vegetables. This final rule is being issued in response to the frozen food industry's request that AMS codify its opinion that the coating or battering of fruits and vegetables is an operation that does not change a perishable agricultural commodity into a food of a different kind or character. Producers and distributors of coated and battered produce will benefit since they will have the same rights as those afforded other processors and suppliers whose products may be indistinguishable in appearance or texture, but not coated or battered. AMS believes that this final rule will help reduce litigation time and expenses for small produce businesses that seek to enforce their trust rights in federal district courts. Given the preceding discussion, AMS has determined that the provisions of this final rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act In compliance with Office of Management and Budget

(OMB)regulations (5 CFR part 1320) which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the information collection and recordkeeping requirements that are covered by this final rule were approved under OMB number 0581-0031 on September 30, 2001, and expire on September 30, 2004. List of Subjects in 7 CFR Part 46 Agricultural commodities, Brokers, Penalties, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 46 is amended as follows: PART 46—[AMENDED] 1. The authority citation for part 46 continues to read as follows: Authority: Sec. 15, 46 Stat. 537; 7 U.S.C. 499o 2. In § 46.2, paragraph

(u)is revised to read as follows: § 46.2 Definitions.

(u)*Fresh fruits and fresh vegetables* include all produce in fresh form generally considered as perishable fruits and vegetables, whether or not packed in ice or held in common or cold storage, but does not include those perishable fruits and vegetables which have been manufactured into articles of food of a different kind or character. The effects of the following operations shall not be considered as changing a commodity into a food of a different kind or character: Water, steam, or oil blanching, battering, coating, chopping, color adding, curing, cutting, dicing, drying for the removal of surface moisture; fumigating, gassing, heating for insect control, ripening and coloring; removal of seed, pits, stems, calyx, husk, pods rind, skin, peel, et cetera; polishing, precooling, refrigerating, shredding, slicing, trimming, washing with or without chemicals; waxing, adding of sugar or other sweetening agents; adding ascorbic acid or other agents to retard oxidation; mixing of several kinds of sliced, chopped, or diced fruit or vegetables for packaging in any type of containers; or comparable methods of preparation. Dated: April 28, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-10819 Filed 5-1-03; 8:45 am]

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