# #~gG 21566 Federal Register/Vol. 67, No. 84/Wednesday, May 1, 2002/Rules and Regulations

Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent withthis rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. 

### PaperworkReductionAct

ThIS interim rule contains no new information collection orrecordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.c. 3501


### et seq.).
List ofSubjects in 7 CFRPart 301

Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation.

Accordingly, we are amending 7 CFR part 301 as follows:

PART 301-DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 continues to read as follows:

Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731,7735,7751,7752, 7753, and 7754; 7 CFR 2.22,2.80, and 371.3.

Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75- 16 also issued under Sec. 203, Title II, Pub. 1. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note).

2. Section 301.89-15 is amended as follows:

a. In the introductory text of paragraph (a), by removing the last two sentences andby adding three sentences intheir place to read as follows.

b. In the introductory text of paragraph (b), by removing the last two sentences andby adding two sentences in their place to read as follows.

c. By adding new paragraphs (d) and (e) to read as follows.

§ 301.89-15 Compensation for growers, handlers, and seed companies in the 1999- 2000 and subsequent crop seasons. * * * * 

### *

(a) 

### * * * Growers and handlers of wheatgrown in Oklahoma during the 2000-2001 growing season are eligible
to receive compensation ifthe wheat

was commingled in storage with wheat that meets the above requirements of this paragraph. Growers, handlers, and seed companies in areas under the first regulated crop season are eligible for compensation for 1999-2000 or subsequent crop season wheat and for wheatinventories intheir possession that were unsold at the time the area becameregulated. The compensation provided inthis paragraph is for wheat grain, certified wheat seed, wheat held back from harvest by a grower inthe 2000-2001 growing season for use as seed inthe next growing season, and wheat grown with the intention of producing certified wheat seed.
* 

### * * * *

(b) 

### * * * Growers, handlers, and seed companies in previouslyregulated areas will notbe eligible for compensation for wheat from the 2001-2002 and subsequent crop seasons; exceptthat, for growers or handlers ofwheat harvested in any field inthe Texas counties ofArcher, Baylor, Throckmorton, and Young during the 2000--2001 crop season thathas not been found to contain a bunted wheat kemel, this requirement applies to compensation for wheat from the 2002- 2003 and subsequent crop seasons. The compensation provided in this paragraph is for wheat grain, certified wheat seed, and wheat grown withthe intention ofproducing certified wheat seed.
* * 

### * 

### * *

(d) 

### Special allowancefor negative wheatgrown in Archer, Baylor, Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. Notwithstanding any otherprovision of this section, wheatthat was harvested from fields in Archer, Baylor, Throckmorton, or Young Counties, TX, in the 2000--2001 growing season, and that tested negative for Kamalbunt after harvest, is eligible for compensation in accordance with paragraph (a) ofthis section.

(e) 

### Special allowancefor disposal
costsfor treated uncertified wheat seed inArcher, Baylor, Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. Notwithstanding any other provision ofthis section, growers inArcher, Baylor, Throckmorton, or Young Counties, TX, who owntreated uncertified wheat seed thattested positive for Kamal bunt spores during the 2000-2001 growing season are eligible for compensation in accordance withthis paragraph. The grower is eligible for compensation for the costs of disposing ofsuchwheat seed, byburial

on the grower's premises, byburial at a landfill, or through another means approvedby APHIS. The compensation for disposing ofwheat seedby burial on the grower's premises is $1.00 per bushel. The compensation for disposing ofwheat seedbyburial at a landfill, or through another means approvedby APHIS, is the actual cost ofdisposal, up to $1.20 perbushel, as verifiedby receipts for disposal costs. To apply for this compensation, the grower must submit a Kamal Bunt Compensation Claim form, providedby FSA, and must also submit a copy ofthe Kamal bunt certificate issuedby APHIS that shows the Kamal bunttestresults, and verification as to the actual (not estimated) weight ofthe uncertified wheat seedthat tested positive for spores (such as a copy ofa facility weighticket, or other verification). For seed disposed ofbyburial at a landfill the grower must also submit one or

more receipts for the disposal costs of the uncertifiedwheat seed, showing the total bushels destroyed and the total disposal costs (landfill fees, transportation costs, etc.). (Approved by the Office ofManagement and Budget under control number 0579-0182)

Dated: Done in Washington, DC, this 26th day ofApril 2002. Bill Hawks, UnderSecretary for MarketingandRegulatory Programs. [FR Doc. 02-10723 Filed 4-30-02; 8:45 am]

BILLING CODE 3416--34-U

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430
[Docket Number EE-RMITP-99-500]

RIN 1904-AB04**rEn~rgy~onservati()n.program** for· Consumer Products: Test Procedure

. for**6ish~was~'fm;;**

# Correction

...

AGENCY: Office ofEnergy Efficiency and Renewable Energy, Department of Energy.

ACTION: Final rule; correction.

SUMMARY: The Department ofEnergy (DOE) published a final rulemaking amending its testprocedure for dishwashers on December 18, 2001. This document corrects the test procedure in the amendatory language ofthatrulemaking and makes revisions
to a reference to an appendix section and to the equations for determining the water energy consumption per cycle using gas-heated or oil-heated water.

EFFECTIVE DATE: June 17,2002.

FOR FURTHER INFORMATION CONTACT: Barbara Twigg, U.S. Department of Energy, Office ofEnergy Efficiency and Renewable Energy, EE-41, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586- 8714, email: 

### barbara.twigg@ee.doe.gov.

or Francine Pinto, Esq., U.S. Department ofEnergy, Office ofGeneral Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202)Federal Register/Vol. 67, No. 84/Wednesday, May 1, 2002/Rules and Regulations 

### 21567

586-7432, email: 

### francine.pinto@hq.doe.gov.

SUPPLEMENTARY INFORMATION: This document corrects the test procedure in

a final rule published inthe Federal Register on December 18, 2001 (66 FR 65091), regarding Energy Conservation Program for Consumer Products: Test Procedure for Dishwashers. This correctionrevises a reference to an appendix section andrevises the equations for determining the water energy consumption per cycle using gasheated or oil-heated water.

In rule document FR Doc. 01-18429, appearing on page 65091, inthe issue of Tuesday, December 18, 2001, the following corrections are made:

PART 430-[CORRECTED]
§430.23 [Corrected]

1. On page 65096 in the first column, §430.23(c)(1)(ii)(B) is corrected to read

as follows:

(B) For dishwashers not having a truncated normal cycle, EAOC : N x De X En where, N and De are defined in paragraph (c)(l)(i) ofthis section,
En: the total electrical energy consumption per cycle for the normal cycle as defined in section 1.5 ofappendix C, in kilowatt-hours and determined according to section 5.4 ofappendix Cto this subpart, E

t : the total electrical energy consumption per cycle for the truncated normal cycle, in kilowatthours and determined according to section 5.4 ofappendix Cto this subpart." 2. On page 65097 inthe second column, in Appendix Cto SubpartB of Part 430, Sections 5.3, 5.3.1, and 5.3.2

are correctedto read as follows: "5.3 Water energy consumption per cycle using gas-heated or oil-heated
water. Determine the water energy consumption for dishwashers according
to sections 5.3.1 and 5.3.2 ofthis Appendix. Use the notationWn for a test ofthe normal cycle or W, for a test of the truncated normal cycle. Note that gas-heated or oil-heated water was used.
5.3.1 Dishwashers that operate with a nominal 140° F inlet watertemperature, only. For each test cycle, calculate the
water energy consumption using gasheated or oil-heated water, W, expressed inbtu's per cycle and defined as: W: Vx T x Cle where, V : reported water consumption in gallons per cycle, as measured in section 4.3 ofthis Appendix, T : nominal water heater temperature rise: 90° F, C : specific heat ofwater inbtu's per gallon per degree Fahrenheit: 8.2,

e : nominal gas or oil water heater recovery efficiency: 0.75.


### 5.3.2 Dishwashers that operate with a 

### nominalinlet water temperature of120° F. For eachtest cycle, calculate the
water energy consumption using gas heated or oil heatedwater, W, expressed inbtu's per cycle and defined as: W:VxTxC/e where, V : reported water consumption in gallons per cycle, as measured in section 4.3 ofthis Appendix, T : nominal water heater temperature rise: 70° F, C : specific heat ofwater inbtu's per gallon per degree Fahrenheit = 8.2,

e : nominal gas or oil water heater recovery efficiency: 0.75. "

Issued inWashington, DC, on April 26, 2002. David K. Garman,
AssistantSecretary forEnergyEfficiencyand RenewableEnergy. [FR Doc. 02-10695 Filed 4-30-02; 8:45 am]

BILLING CODE 6450-01-P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39
[Docket No. 2002-NM-68-AD; Amendment 39-12730; AD 2002-08-18]

RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: FederalAviation Administration, DOT.

ACTION: Final rule; request for
comments.

SUMMARY: This amendment adopts a
new airworthiness directive (AD) that is applicable to certainEMBRAER Model EMB-135 and -145 series airplanes. This action requires repetitive inspections (tests) ofthe actuator clutches ofthe primary andbackup pitch trim systems ofthe horizontal stabilizer for proper pitchtrim indications, andreplacement ofthe actuator, ifnecessary. This action is necessary to prevent loss ofpitchtrim command during the takeoffand climb phase offlight due to improper set point ofthe actuator clutches, which could result in high pitch control forces and consequentreduced controllability of the airplane. This action is intendedto address the identifiedunsafe condition.

DATES: Effective May 16, 2002.

The incorporationby reference of certain publications listed in the regulations is approvedbythe Director ofthe Federal Register as ofMay 16, 2002.

Comments for inclusion inthe Rules Docket mustbe received on orbefore May 31, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2002-NM68-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this locationbetween 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments maybe submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: 9-anmiarcomment@faa.gov. Comments sent via the Internet must contain "Docket No. 2002-NM-68--AD" inthe subject line and need notbe submitted in triplicate. Comments sentvia fax or the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCII text.

The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-CEP 12.225, Sao Jose dos Campos-SP, Brazil. This information may be examined at the FAA, Transport Airplane Directorate, 1601 LindAvenue, SW., Renton, Washington; or at the FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Robert Capezzuto, Aerospace Engineer, Systems andFlightTest Branch, ACE116A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 PhoenixBoulevard, suite 450, Atlanta, Georgia 30349; telephone (770) 703-6071; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), which is the airworthiness authority for Brazil, recently notified the FAA that an unsafe condition may exist on certain EMBRAER Model EMB-135 and -145 series airplanes. The DAC advises that reports have been received indicating loss ofthe set point ofthe actuator clutches ofthe primary andbackup systems ofthe horizontal stabilizer. This condition, ifnot corrected, couldresult