This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

30635

Vol. 66, No. 110

Thursday, June 7, 2001

MERIT SYSTEMS PROTECTION

BOARD

5 CFR Part 1201

Practices and Procedures

AGENCY: Merit Systems Protection

Board.

ACTION: Final rule.

SUMMARY: The Merit Systems Protection

Board (MSPB or the Board) is amending

its rules of practice and procedure in

this part to change two citations to

Office of Personnel Management

regulations and to replace the MSPB

Appeal Form contained in Appendix I

with the latest version of this form. The

Board also provides notice to Federal

agencies that bulk supplies of the MSPB

Appeal Form may be ordered directly

from the Board.

EFFECTIVE DATE: June 7, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert E. Taylor, Clerk of the Board,

(202) 653–7200.

SUPPLEMENTARY INFORMATION: The Board

is amending its rules of practice and

procedure at 5 CFR 1201.3(a)(6) and 5

CFR 1201.3(a)(7) to change citations to

regulations of the Office of Personnel

Management (OPM). The Board is also

amending Appendix I to 5 CFR part

1201 to replace the MSPB Appeal Form

with the latest version of this form and

is providing notice to Federal agencies

that bulk supplies of the MSPB Appeal

Form may be ordered directly from the

Board.

On March 19, 2001, OPM published

an interim rule to implement the

Federal Erroneous Retirement Coverage

Corrections Act (FERCCA), enacted as

Title II of Public Law 106–265 on

September 19, 2000 (66 FR 15605). The

rule consists of revisions to regulations

contained in 5 CFR parts 831, 841 and

846, and the addition of a new part 839,

‘‘Correction of Retirement Coverage

Errors under the Federal Erroneous

Retirement Coverage Corrections Act.’’

Subpart M—Appeal Rights—of the new

5 CFR part 839 includes provisions on

appeals to the Board. The Board’s

regulation at 5 CFR 1201.3(a)(6)

provides notice that determinations

affecting the rights or interests of an

individual or of the United States under

the Civil Service Retirement System or

the Federal Employees Retirement

System may be appealed to the Board.

The regulation includes citations to both

the statutory provisions that make such

determinations appealable and to the

applicable OPM regulations. In order to

conform its regulations to the revised

OPM regulations, therefore, the Board is

amending its regulation at 5 CFR

1201.3(a)(6) to include the appropriate

citations to FERCCA and the new 5 CFR

part 839. The Board is also adding a

citation to 5 CFR part 846, ‘‘Federal

Employees Retirement System—

Elections of Coverage.’’ This part, which

governs earlier elections to transfer to

FERS, also includes provisions on

appeals to the Board.

On December 28, 2000, OPM

published revisions to its regulations at

5 CFR part 731, ‘‘Suitability,’’ with an

effective date of January 29, 2001 (65 FR

82239). Subsequently, OPM deferred the

effective date of these regulations until

March 30, 2001 (66 FR 7863, January 26,

2001). The revised OPM regulations at

§ 731.501 provide notice of the right to

appeal a suitability determination to the

Board. Prior to this revision, there were

two separate provisions providing

notice of an appeal right to MSPB—

§ 731.103(d) for suitability

determinations made by an agency

under authority delegated by OPM and

§ 731.501 for suitability determinations

made by OPM—and the Board included

a citation to both of these provisions in

its regulation at 5 CFR 1201.3(a)(7). In

order to conform its regulations to the

revised OPM regulations, therefore, the

Board is amending its regulation at 5

CFR 1201.3(a)(7) to update the citation.

Prior to reprinting the MSPB Appeal

Form, which is published as Appendix

I to 5 CFR part 1201, the Board updated

the ‘‘Instructions’’ to reflect several

changes in law and the Board’s

regulations since the form was last

reprinted in 1994. The current version

of the form is Optional Form 283 (Rev.

11/00). Accordingly, the Board is

amending 5 CFR part 1201 at Appendix

I to replace the 10/94 edition of the form

with the current version.

The Board is also taking this

opportunity to provide notice to Federal

agencies that bulk orders for the MSPB

Appeal Form may be directed to MSPB

by e-mail to APPEALFORM@mspb.gov,

by facsimile to 202–653–7821, or by

telephone to Richard Dorr, 202–653–

6772, extension 1113. The Appeal Form

is also available for downloading and

printing from the MSPB website,

www.mspb.gov. The form is a portable

document format (PDF) file, and the

Adobe Acrobat Reader is required.

The Board is publishing this rule as

a final rule pursuant to 5 U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

Administrative practice and

procedure, Civil rights, Government

employees.

Accordingly, the Board amends 5 CFR

part 1201 as follows:

PART 1201—PRACTICES AND

PROCEDURES

1. The authority citation for part 1201

continues to read as follows:

Authority: 5 U.S.C. 1204 and 7701, unless

otherwise noted.

§ 1201.3 [Amended]

2. Amend 5 CFR 1201.3 at paragraph

(a)(6) by removing the citation ‘‘(5 CFR

parts 831, 842, and 844; 5 U.S.C.

8347(d)(1)–(2) and 8461(e)(1))’’ and by

adding in its place ‘‘(5 CFR parts 831,

839, 842, 844, and 846; 5 U.S.C.

8347(d)(1)–(2) and 8461(e)(1); and 5

U.S.C. 8331 note, Federal Erroneous

Retirement Coverage Corrections Act)’’.

3. Amend 5 CFR 1201.3 at paragraph

(a)(7) by removing the citation ‘‘(5 CFR

731.103(d) and 731.501)’’ and by adding

in its place ‘‘(5 CFR 731.501)’’.

4. Revise Appendix I to part 1201 to

read as follows:

Appendix I to Part 1201—Merit

Systems Protection Board Appeal Form

BILLING CODE 7400–01–U

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30642 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations

Dated: June 4, 2001.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 01–14388 Filed 6–6–01; 8:45 am]

BILLING CODE 7400–01–C

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 993

[Docket No. FV01–993–1 FR]

Dried Prunes Produced in California;

Undersized Regulation for the 2001–02

Crop Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule changes the

undersized regulation for dried prunes

received by handlers from producers

and dehydrators under Marketing Order

No. 993 for the 2001–02 crop year. The

marketing order regulates the handling

of dried prunes produced in California

and is administered locally by the Prune

Marketing Committee (Committee). This

rule removes the smallest, least

desirable of the marketable size dried

prunes produced in California from

human consumption outlets and allows

handlers to dispose of the undersized

prunes in such outlets as livestock feed.

The Committee estimated that this rule

will reduce the excess of dried prunes

by approximately 3,400 tons while

leaving sufficient prunes to fulfill

foreign and domestic trade demand.

EFFECTIVE DATE: August 1, 2001 through

July 31, 2002.

FOR FURTHER INFORMATION CONTACT:

Richard P. Van Diest, Marketing

Specialist, California Marketing Field

Office, Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone: (559) 487–5901, Fax: (559)

487–5906; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–8938.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–8938, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 993, both as amended (7

CFR part 993), regulating the handling

of dried prunes produced in California,

hereinafter referred to as the ‘‘order.’’

The marketing agreement and order are

effective under the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

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 any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

This final rule changes the undersized

regulation in § 993.49(c) of the prune

marketing order for the 2001–02 crop

year for supply management purposes.

The regulation removes prunes passing

through specified screen openings. For

French prunes, the screen opening will

be increased from 24⁄32 to 24⁄32 of an inch

in diameter; and for non-French prunes,

the opening will be increased from 28⁄32

to 30⁄32 of an inch in diameter. This rule

removes the smallest, least desirable of

the marketable size dried prunes

produced in California from human

consumption outlets. The rule will be in

effect from August 1, 2001, through July

31, 2002, and was unanimously

recommended by the Committee at a

November 29, 2000, meeting.

Section 993.19b of the prune

marketing order defines undersized

prunes as prunes which pass freely

through a round opening of a specified

diameter. Section 993.49(c) of the prune

marketing order establishes an

undersized regulation of 23⁄32 of an inch

for French prunes and 28⁄32 of an inch

for non-French prunes. These diameter

openings have been in effect for quality

control purposes. Section 993.49(c) also

provides that the Secretary upon a

recommendation of the Committee may

establish larger openings for undersized

dried prunes whenever it is determined

that supply conditions for a crop year

warrant such regulation. Section

993.50(g) states in part: ‘‘No handler

shall ship or otherwise dispose of, for

human consumption, the quantity of

prunes determined by the inspection

service pursuant to § 993.49(c) to be

undersized prunes. * * * Pursuant to

§ 993.52 minimum standards, pack

specifications, including the openings

prescribed in § 993.49(c), may be

modified by the Secretary on the basis

of a recommendation of the Committee

or other information.

Pursuant to the authority in § 993.52

of the order, § 993.400 modifies the

undersized prune openings prescribed

in § 993.49(c) to permit undersized

regulations using openings of 23⁄32 or 24⁄32 of an inch for French prunes and 28⁄32 or 30⁄32 of an inch for non-French

prunes.

During the 1974–75 and 1977–78 crop

years, the undersized prune regulation

was established by the Department at

23⁄32 of an inch in diameter for French

prunes and 28⁄32 of an inch in diameter

for non-French prunes. These diameter

openings were established in §§ 993.401

and 993.404, respectively (39 FR 32733,

September 11, 1974; and 42 FR 49802,

September 28, 1977). In addition, the

Committee recommended and the

Department established volume

regulation percentages during the 1974–

75 crop year with an undersized

regulation at the aforementioned 23⁄32

and 28⁄32 inch diameter screen sizes.

During the 1975–76 and 1976–77 crop

years, the undersized prune regulation

was established at 24⁄32 of an inch for

French prunes and 30⁄32 of an inch for

non-French prunes. These diameter

openings were established in §§ 993.402

and 993.403 respectively (40 FR 42530,

September 15 1975; and 41 FR 37306,

September 3, 1976). The prune industry

had an excess supply of prunes—

particularly small-sized prunes. Rather

than recommending volume regulation

percentages for the 1975–76, 1976–77,

and 1977–78 crop years, the Committee

recommended the establishment of an

undersized prune regulation applicable