EE-RM-TP-99-500 COMMENT 28G

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

#~gG 

Reform. This rule: (1) Preempts all 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. 

Paperwork Reduction Act 

ThIS interim rule contains no new 

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 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 and by adding three sentences 

in their place to read as follows. 

b. In the introductory text of 

paragraph (b), by removing the last two 

sentences and by 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 

wheat grown in Oklahoma during the 

2000-2001 growing season are eligible 

to receive compensation if the 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 

wheat inventories in their possession 

that were unsold at the time the area 

became regulated. The compensation 

provided in this paragraph is for wheat 

grain, certified wheat seed, wheat held 

back from harvest by a grower in the 

2000-2001 growing season for use as 

seed in the next growing season, and 

wheat grown with the intention of 

producing certified wheat seed. 

* * * * * 

(b) * * * Growers, handlers, and seed 

companies in previously regulated areas 

will not be eligible for compensation for 

wheat from the 2001-2002 and 

subsequent crop seasons; except that, 

for growers or handlers of wheat 

harvested in any field in the Texas 

counties of Archer, Baylor, 

Throckmorton, and Young during the 

2000--2001 crop season that has 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 with the 

intention of producing certified wheat 

seed. 

* * * * * 

(d) Special allowance for negative 

wheat grown in Archer, Baylor, 

Throckmorton, and Young Counties, 

TX, in the 2000-2001 growing season. 

Notwithstanding any other provision of 

this section, wheat that was harvested 

from fields in Archer, Baylor, 

Throckmorton, or Young Counties, TX, 

in the 2000--2001 growing season, and 

that tested negative for Kamal bunt after 

harvest, is eligible for compensation in 

accordance with paragraph (a) of this 

section. 

(e) Special allowance for disposal 

costs for treated uncertified wheat seed 

in Archer, Baylor, Throckmorton, and 

Young Counties, TX, in the 2000-2001 

growing season. Notwithstanding any 

other provision of this section, growers 

in Archer, Baylor, Throckmorton, or 

Young Counties, TX, who own treated 

uncertified wheat seed that tested 

positive for Kamal bunt spores during 

the 2000-2001 growing season are 

eligible for compensation in accordance 

with this paragraph. The grower is 

eligible for compensation for the costs of 

disposing of such wheat seed, by burial 

on the grower's premises, by burial at a 

landfill, or through another means 

approved by APHIS. The compensation 

for disposing of wheat seed by burial on 

the grower's premises is $1.00 per 

bushel. The compensation for disposing 

of wheat seed by burial at a landfill, or 

through another means approved by 

APHIS, is the actual cost of disposal, up 

to $1.20 per bushel, as verified by 

receipts for disposal costs. To apply for 

this compensation, the grower must 

submit a Kamal Bunt Compensation 

Claim form, provided by FSA, and must 

also submit a copy of the Kamal bunt 

certificate issued by APHIS that shows 

the Kamal bunt test results, and 

verification as to the actual (not 

estimated) weight of the uncertified 

wheat seed that tested positive for 

spores (such as a copy of a facility 

weigh ticket, or other verification). For 

seed disposed of by burial at a landfill 

the grower must also submit one or 

more receipts for the disposal costs of 

the uncertified wheat seed, showing the 

total bushels destroyed and the total 

disposal costs (landfill fees, 

transportation costs, etc.). 

(Approved by the Office of Management and 

Budget under control number 0579-0182) 

Dated: Done in Washington, DC, this 26th 

day of April 2002. 

Bill Hawks, 

Under Secretary for Marketing and Regulatory 

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 of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Energy 

(DOE) published a final rulemaking 

amending its test procedure for 

dishwashers on December 18, 2001. 

This document corrects the test 

procedure in the amendatory language 

of that rulemaking 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 of Energy 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 

of Energy, Office of General Counsel, 

GC-72, 1000 Independence Avenue, 

SW., Washington, DC 20585-0121, (202) 
EE-RM-TP-99-500 COMMENT 28G

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 in the Federal 

Register on December 18, 2001 (66 FR 

65091), regarding Energy Conservation 

Program for Consumer Products: Test 

Procedure for Dishwashers. This 

correction revises a reference to an 

appendix section and revises 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, in the 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) of this section, 

En: the total electrical energy 

consumption per cycle for the 

normal cycle as defined in section 

1.5 of appendix C, in kilowatt-hours 

and determined according to 

section 5.4 of appendix C to this 

subpart, 

Et : the total electrical energy 

consumption per cycle for the 

truncated normal cycle, in kilowatthours and determined according to 

section 5.4 of appendix C to this 

subpart." 

2. On page 65097 in the second 

column, in Appendix C to Subpart B of 

Part 430, Sections 5.3, 5.3.1, and 5.3.2 

are corrected to 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 notation Wn for a test 

of the 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 water temperature, 

only. For each test cycle, calculate the 

water energy consumption using gasheated or oil-heated water, W, expressed 

in btu'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 of this Appendix, 

T : nominal water heater temperature 

rise: 90° F, 

C : specific heat of water in btu'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 

nominal inlet water temperature of 120° 

F. For each test cycle, calculate the 

water energy consumption using gas 

heated or oil heated water, W, expressed 

in btu's per cycle and defined as: 

W:VxTxC/e 

where, 

V : reported water consumption in 

gallons per cycle, as measured in 

section 4.3 of this Appendix, 

T : nominal water heater temperature 

rise: 70° F, 

C : specific heat of water in btu's per 

gallon per degree Fahrenheit = 8.2, 

e : nominal gas or oil water heater 

recovery efficiency: 0.75. " 

Issued in Washington, DC, on April 26, 

2002. 

David K. Garman, 

Assistant Secretary for Energy Efficiency and 

Renewable Energy. 

[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: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) that is 

applicable to certain EMBRAER Model 

EMB-135 and -145 series airplanes. 

This action requires repetitive 

inspections (tests) of the actuator 

clutches of the primary and backup 

pitch trim systems of the horizontal 

stabilizer for proper pitch trim 

indications, and replacement of the 

actuator, if necessary. This action is 

necessary to prevent loss of pitch trim 

command during the takeoff and climb 

phase of flight due to improper set point 

of the actuator clutches, which could 

result in high pitch control forces and 

consequent reduced controllability of 

the airplane. This action is intended to 

address the identified unsafe condition. 

DATES: Effective May 16, 2002. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

ofthe Federal Register as of May 16, 

2002. 

Comments for inclusion in the Rules 

Docket must be received on or before 

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 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be 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" in the subject 

line and need not be submitted in 

triplicate. Comments sent via 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 Lind Avenue, 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 and Flight Test Branch, ACE116A, FAA, Atlanta Aircraft 

Certification Office, One Crown Center, 

1895 Phoenix Boulevard, 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 of the set point of the actuator 

clutches of the primary and backup 

systems of the horizontal stabilizer. This 

condition, if not corrected, could result