Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 60095 

total volume of U.S. egg product 

production in 1998 was about 3.2 

billion pounds. The increase in cost per 

pound of product associated with these 

proposed fees increases is $.00004. Even 

in competitive industries like meat, 

poultry, and egg products, this amount 

of increase in costs would have an 

insignificant impact on profits and 

prices. 

The industry is likely to pass through 

a significant portion of the fee increase 

to consumers because of the inelastic 

nature of the demand curve facing these 

firms. Research has shown that 

consumers are unlikely to reduce 

demand significantly for meat and 

poultry products, including egg 

products, when prices increase. Huang 

estimates that demand would fall by .36 

percent for a one percent increase in 

price (Haung, Kao S., A Complete 

System of U.S. Demand for Food. 

USDA/ERS Technical Bulletin No. 1821, 

1993, p.24). Because of the inelastic 

nature of demand and the competitive 

nature of the industry, individual firms 

are not likely to experience any change 

in market share to response to an 

increase in inspection fees. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This final rule: (1) 

Preempts State and local laws and 

regulations that are inconsistent with 

this rule; (2) has no retroactive effect; 

and (3) does not require administrative 

proceedings before parties may file suit 

in court challenging this rule. However, 

the administrative procedures specified 

in 9 CFR 306.5, 381.35, and 590.320 

through 590.370, respectively, must be 

exhausted before any judicial challenge 

of the application of the provisions of 

this proposed rule, if the challenge 

involves any decision of an FSIS 

employee relating to inspection services 

provided under FMIA, PPIA, or EPIA. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

better ensure that minorities, women, 

and persons with disabilities are aware 

of this final rule, FSIS will announce 

and provide copies of this Federal 

Register publication in the FSIS 

Constituent Update. FSIS provides a 

weekly FSIS Constituent Update via fax 

to over 300 organizations and 

individuals. In addition, the update is 

available on line through the FSIS web 

page located at http:// 

www.fsis.usda.gov. The update is used 

to provide information regarding FSIS 

policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, recalls, and any other types of 

information that could affect or would 

be of interest to our constituents/ 

stakeholders. The constituent fax list 

consists of industry, trade, and farm 

groups, consumer interest groups, allied 

health professionals, scientific 

professionals, and other individuals that 

have requested to be included. Through 

these various channels, FSIS is able to 

provide information to a much broader, 

more diverse audience than would be 

otherwise possible. For more 

information or to be added to the 

constituent fax list, fax your request to 

the Congressional and Public Affairs 

Office, at (202) 720–5704. 

List of Subjects 

9 CFR Part 391 

Fees and charges, Government 

employees, Meat inspection, Poultry 

products. 

9 CFR Part 590 

Eggs and egg products, Exports, Food 

labeling, Imports. 

For the reasons set forth in the 

preamble, FSIS is amending 9 CFR 

chapter III as follows: 

PART 391—FEES AND CHARGES FOR 

INSPECTION AND LABORATORY 

ACCREDITATION 

1. The authority citation for part 391 

continues to read as follows: 

Authority: 7 U.S.C. 138f; 7 U.S.C. 394, 

1622 and 1624; 21 U.S.C. 451 et. seq.; 21 

U.S.C. 601–695; 7 CFR 2.18 and 2.53. 

2. Sections 391.2, 391.3, and 391.4 are 

revised to read as follows: 

§ 391.2 Base time rate. 

The base time rate for inspection 

services provided pursuant to §§ 350.7, 

351.8, 351.9, 352.5, 354.101, 355.12, and 

362.5 is $38.44 per hour per program 

employee. 

§ 391.3 Overtime and holiday rate. 

The overtime and holiday rate for 

inspection services provided pursuant 

to §§ 307.5, 350.7, 351.8, 351.9, 352.5, 

354.101, 355.12, 362.5 and 381.38 is 

$41.00 per hour per program employee. 

§ 391.4 Laboratory services rate. 

The rate for laboratory services 

provided pursuant to §§ 350.7, 351.9, 

352.5, 354.101, 355.12, and 362.5 is 

$60.44 per hour per program employee. 

PART 590—INSPECTION OF EGGS 

AND EGG PRODUCTS (EGG 

PRODUCTS INSPECTION ACT) 

3. The authority citation for part 590 

continues to read as follows: 

Authority: 21 U.S.C. 1031–1056. 

4. Section 590.126 is revised to read 

as follows: 

§ 590.126 Overtime inspection service. 

When operations in an official plant 

require the services of inspection 

personnel beyond their regularly 

assigned tour of duty on any day or on 

a day outside the established schedule, 

such services are considered as overtime 

work. The official plant must give 

reasonable advance notice to the 

inspector of any overtime service 

necessary and must pay the Agency for 

such overtime at an hourly rate of 

$41.00. 

5. In § 590.128, paragraph (a) is 

revised to read as follows: 

§ 590.128 Holiday inspection service. 

(a) When an official plant requires 

inspection service on a holiday or a day 

designated in lieu of a holiday, such 

service is considered holiday work. The 

official plant must, in advance of such 

holiday work, request the inspector in 

charge to furnish inspection service 

during such period and must pay the 

Agency for such holiday work at an 

hourly rate of $41.00. 

* * * * * 

Done at Washington, DC, on: October 3, 

2000. 

Thomas J. Billy, 

Administrator. 

[FR Doc. 00–25945 Filed 10–4–00; 3:37 pm] 

BILLING CODE 3410–DM–M 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Parts 563b and 575 

[No. 2000–56] 

RIN 1550–AB24 

Repurchases of Stock by Recently 

Converted Savings Associations, 

Mutual Holding Company Dividend 

Waivers, Gramm-Leach-Bliley Act 

Changes 

AGENCY: Office of Thrift Supervision, 

Treasury. 

ACTION: Interim final rule; extension of 

comment period. 

SUMMARY: The Office of Thrift 

Supervision (OTS) is extending the 


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60096 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 

comment period until November 9, 2000 

for its interim rule with request for 

comments regarding repurchases of 

stock by recently converted savings 

associations, mutual holding company 

dividend waivers, and certain changes 

resulting from the passage of the 

Gramm-Leach-Bliley Act of 1999, 

published on July 12, 2000. 

DATES: Comments must be received by 

November 9, 2000. 

ADDRESSES: Mail: Send comments to 

Manager, Dissemination Branch, 

Information Management and Services 

Division, Office of Thrift Supervision, 

1700 G Street, NW., Washington, DC 

20552, Attention Docket No. 2000–56. 

Delivery: Hand deliver comments to 

the Guard’s Desk, East Lobby Entrance, 

1700 G Street, NW., from 9:00 a.m. to 

4:00 p.m. on business days, Attention 

Docket No. 2000–56. 

Facsimiles: Send facsimile 

transmissions to FAX Number (202) 

906–7755, Attention Docket No. 2000– 

56; or (202) 906–6956 (if comments are 

over 25 pages). 

E-Mail: Send e-mails to 

‘‘public.info@ots.treas.gov’’, Attention 

Docket No. 2000–56, and include your 

name and telephone number. 

Public Inspection: Interested persons 

may inspect comments at the Public 

Reference Room, 1700 G St. NW., from 

10:00 a.m. until 4:00 p.m. on Tuesdays 

and Thursdays or obtain comments and/ 

or an index of comments by facsimile by 

telephoning the Public Reference Room 

at (202) 906–5900 from 9:00 a.m. until 

5:00 on business days. Comments and 

the related index will also be posted on 

the OTS Internet Site at 

‘‘www.ots.treas.gov’’. 

FOR FURTHER INFORMATION CONTACT: 

David A. Permut, Counsel (Business and 

Finance) (202) 906–7505, Business 

Transactions Division, Chief Counsel’s 

Office; Timothy P. Leary, Counsel 

(Banking and Finance) (202) 906–7170, 

Regulations and Legislation Division, 

Chief Counsel’s Office; Mary Jo Johnson, 

Project Manager, (202) 906–5739, 

Supervision Policy, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: The 

proposed rule and interim final rule, 

published in the Federal Register on 

July 12, 2000 (65 FR 43092 and 43088), 

indicated that public comments were to 

be submitted to the OTS no later than 

October 10, 2000. OTS has received a 

request for an extension of the comment 

period to accommodate the views of a 

number of mutual institution managers 

who will be meeting in the next 30 days. 

In order to afford the public adequate 

time to comment, the OTS has 

determined to extend the comment 

period for 30 days to accommodate this 

request. Therefore, the comment period 

is hereby extended until November 9, 

2000. 

Dated: October 4, 2000. 

By the Office of Thrift Supervision. 

Ellen Seidman, 

Director. 

[FR Doc. 00–25944 Filed 10–6–00; 8:45 am] 

BILLING CODE 6720–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 970404078–0176—02; I.D. 

091100G] 

RIN 0638-AE41 

Thunder Bay National Marine 

Sanctuary and Underwater Preserve 

Regulations; Correction and 

Announcement of Effective Date 

AGENCY: Marine Sanctuaries Division 

(MSD), Office of Ocean and Coastal 

Resource Management (OCRM), 

National Ocean Service (NOS), National 

Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Correction to final regulations 

and announcement of effective date. 

SUMMARY: This document corrects the 

final regulations that were published in 

the Federal Register on Thursday, June 

22, 2000, (65 FR 39042), and announces 

an effective date for them of September 

25, 2000. The regulations implement the 

designation of the Thunder Bay 

National Marine Sanctuary and 

Underwater Preserve which is located in 

western Lake Huron in State of 

Michigan waters. 

DATES: The final regulations published 

at 65 FR 39042 (June 22, 2000) and the 

corrections made by this document are 

effective September 25, 2000. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ellen Brody, (734) 741-2270. 

SUPPLEMENTARY INFORMATION: 

Background 

This document corrects the final 

regulations implementing the 

designation of the Thunder Bay 

National Marine Sanctuary and 

Underwater Preserve, which 

encompasses an area of the State of 

Michigan waters over and surrounding 

Thunder Bay, and the submerged lands 

thereunder including the Bay, in 

western Lake Huron. The Federal 

Register document publishing those 

regulations also contained the 

Designation Document and summarized 

the final management plan for the 

Sanctuary. The Designation Document 

sets forth the geographic area included 

within the Sanctuary, the characteristics 

of the area that give it conservation, 

recreational, ecological, historical, 

research, educational, or esthetic value, 

and the type of activities subject to 

regulation. The management plan 

details the goals and objectives, 

management responsibilities, research 

activities, interpretive and educational 

programs, and enforcement activities of 

the area. As stated in the preamble to 

the final rule, the regulations become 

effective after the close of a review 

period of 45 days of continuous session 

of Congress beginning on the day on 

which the final rule was published 

unless the Governor of the State of 

Michigan certifies to the Secretary of 

Commerce that the designation or any of 

its terms is unacceptable, in which case 

the designation or any unacceptable 

terms shall not take effect. The 

Congressional review period ended on 

September 24, 2000, without the 

Governor of the State of Michigan 

certifying to the Secretary of Commerce 

that the designation or any of its terms 

is unacceptable. Accordingly, the 

designation of the Sanctuary and the 

regulations implementing that 

designation became effective on 

September 25, 2000. The Secretary of 

Commerce intends to sign the 

Designation Document for the Sanctuary 

on October 7, 2000. This Federal 

Register document announces the 

effective date of the designation and for 

the regulations implementing that 

designation as September 25, 2000. This 

document also corrects, effective 

September 25, 2000, two errors in those 

regulations. 

Need For Correction 

Because of the omission of asterisks 

when revising the term ‘‘Sanctuary 

resource’’ in § 922.3 of 15 CFR part 922, 

‘‘Definitions’’, all terms were 

inadvertently deleted except for the 

revised term ‘‘Sanctuary resource’’. 

There is a need to restore the deleted 

terms. Also in § 922.50 of 15 CFR part 

922, the first paragraph following 

paragraph (a)(1)(iii) was inadvertently 

designated as paragraph (b) instead of as 

paragraph (a)(2). This needs to be 

corrected. 

Correction of Publication 

Accordingly, the publication on June 

22, 2000, of the final regulations 

implementing the designation of the 


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