66712 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

PART 930—PROGRAMS FOR

SPECIFIC POSITIONS AND

EXAMINATIONS (MISCELLANEOUS)

62. The authority citation for part 930

continues to read as follows:

Authority: 5 U.S.C. 3301, 3320, 7301; 40

U.S.C. 491; E.O. 10577, 3 CFR, 1954–1958

Comp., p. 218 E.O. 11222, 3 CFR, 1964–1965

Comp., p. 306. (Separate authority is listed

under § 930.107)

§ 930.110 [Amended]

63. Section 930.110 is amended by

removing ‘‘and the Federal Personnel

Manual’’.

§ 930.115 [Amended]

64. Section 930.115 is amended by

removing ‘‘or the Federal Personnel

Manual’’.

PART 960—FEDERAL EXECUTIVE

BOARDS

65. The authority citation for part 960

continues to read as follows:

Authority: Memorandum of the President

for Heads of Departments and Agencies

(November 10, 1961).

§ 960.108 [Amended]

66. In § 960.108, remove ‘‘through the

Federal Personnel Manual System and

other appropriate instruments’’.

[FR Doc. 01–31353 Filed 12–26–01; 8:45 am]

BILLING CODE 6325–46–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 56 and 70

[Docket No. PY–01–005]

RIN 0581–AB99

Increase in Fees and Charges for Egg,

Poultry, and Rabbit Grading

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Agricultural Marketing

Service (AMS) is increasing the fees and

charges for Federal voluntary egg,

poultry, and rabbit grading. These fees

and charges are increased to cover the

increase in salaries of Federal

employees, salary increases of State

employees cooperatively utilized in

administering the programs, and other

increased Agency costs.

EFFECTIVE DATE: January 1, 2002.

FOR FURTHER INFORMATION CONTACT:

David Bowden, Jr., Chief,

Standardization Branch, (202) 720–

3506.

SUPPLEMENTARY INFORMATION:

Background

The Agricultural Marketing Act

(AMA) of 1946 (7 U.S.C. 1621 et seq.)

authorizes official voluntary grading

and certification on a user-fee basis of

eggs, poultry, and rabbits. The AMA

provides that reasonable fees be

collected from users of the program

services to cover, as nearly as

practicable, the costs of services

rendered.

The AMS regularly reviews these

programs to determine if fees are

adequate and if costs are reasonable.

This rule will amend the schedule for

fees and charges for grading services

rendered to the egg, poultry, and rabbit

industries to reflect the costs currently

associated with them.

A recent review of the current fee

schedule, effective October 1, 2000,

revealed that anticipated revenue would

not adequately cover increasing program

costs. Without a fee increase, FY 2002

revenues for grading services are

projected at $24.1 million, costs are

projected at $26.0 million, and trust

fund balances would be $14.8 million.

With a fee increase, FY 2002 revenues

are projected at $25.3 million, costs are

projected at $26.0 million, and trust

fund balances would be $16.0 million.

Employee salaries and benefits

account for approximately 81 percent of

the total operating budget. A general

and locality salary increase for Federal

employees, ranging from 3.56 to 4.46

percent, depending on locality, became

effective in January 2001 and has

materially affected program costs.

Another general and locality salary

increase estimated at 3.6 percent is

expected in January 2002. Also, from

October 2000 through September 2001,

salaries and fringe benefits of federally

licensed State employees will have

increased by about 6.0 percent.

The impact of these cost increases

was determined for resident,

nonresident, and fee services. To offset

projected cost increases, the hourly

resident and nonresident rate will be

increased by approximately 5 percent

and the fee rate will be increased by

approximately 6 percent. The hourly

rate for resident and nonresident service

covers graders’ salaries and benefits.

The hourly rate for fee service covers

graders’ salaries and benefits, plus the

cost of travel and supervision.

Administrative charges that cover the

cost of supervision for resident poultry

and shell egg grading will also be

increased as shown in the table below.

Administrative charges for resident

rabbit grading and nonresident services

will not be changed.

The following table compares current

fees and charges with the revised fees

and charges for egg, poultry, and rabbit

grading as found in 7 CFR parts 56 and

70:

Service Current Proposed

Resident Service (egg, poultry, rabbit grading)

Inauguration of service ........................................................................................................................................ 310 310

Hourly charges:

Regular hours ............................................................................................................................................... 29.96 31.52

Administrative charges—Poultry grading:

Per pound of poultry ..................................................................................................................................... .00035 .00036

Minimum per month ...................................................................................................................................... 225 250

Maximum per month ..................................................................................................................................... 2,625 2,650

Administrative charges—Shell egg grading:

Per 30-dozen case of shell eggs ................................................................................................................. .044 .046

Minimum per month ...................................................................................................................................... 225 250

Maximum per month ..................................................................................................................................... 2,625 2,650

Administrative charges—Rabbit grading:

Based on 25% of grader’s salary

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66713

Service Current Proposed

Minimum per month ...................................................................................................................................... 260 260

Nonresident Service (egg, poultry grading)

Hourly charges:

Regular hours ............................................................................................................................................... 29.96 31.52

Administrative charges:

Based on 25% of grader’s salary

Minimum per month ...................................................................................................................................... 260 260

Fee and Appeal Service (egg, poultry, rabbit grading)

Hourly charges:

Regular hours ............................................................................................................................................... 51.32 54.40

Weekend and holiday hours ......................................................................................................................... 59.12 62.76

Comments

Based on an analysis of costs to

provide these services, a proposed rule

to increase the fees for these services

was published in the Federal Register

(66 FR 42456) on August 13, 2001.

Comments on the proposed rule were

solicited from interested parties until

September 12, 2001.

The Agency received one comment

during the 30-day comment period from

an egg industry association. The

association requested that the Agency

not implement the fee increase, or delay

implementation of the increase, because

current economic conditions of the shell

egg industry are abysmal. Although the

Agency seeks to minimize or negate any

fee increases for the poultry, rabbit, and

egg grading programs, it must operate

these programs on a sound financial

basis. Therefore, the Agency must

implement these increases, as proposed,

to ensure the financial stability of its

grading programs.

Executive Order 12866

This action has been determined to be

not significant for purposes of Executive

Order 12866 and has not been reviewed

by the Office of Management and

Budget (OMB).

Regulatory Flexibility

Pursuant to the requirements set forth

in the Regulatory Flexibility Act (RFA)

(5 U.S.C. 601 et seq.), the AMS has

considered the economic impact of this

action on small entities. It is determined

that its provisions would not have a

significant economic impact on a

substantial number of small entities.

There are about 400 users of Poultry

Programs’ grading services. These

official plants can pack eggs, poultry,

and rabbits in packages bearing the

USDA grade shield when AMS graders

are present to certify that the products

meet the grade requirements as labeled.

Many of these users are small entities

under the criteria established by the

Small Business Administration (13 CFR

121.201). These entities are under no

obligation to use grading services as

authorized under the Agricultural

Marketing Act of 1946.

The AMS regularly reviews its user

fee financed programs to determine if

the fees are adequate. The most recent

review determined that the existing fee

schedule would not generate sufficient

revenues to cover program costs while

maintaining an adequate reserve

balance. Without a fee increase, FY 2002

revenues for grading services are

projected at $24.1 million, costs are

projected at $26.0 million, and trust

fund balances would be $14.8 million.

With a fee increase, FY 2002 revenues

are projected at $25.3 million, costs are

projected at $26.0 million, and trust

fund balances would be $16.0 million.

This action will raise the fees charged

to users of grading services. The AMS

estimates that overall, this rule will

yield an additional $1.2 million during

FY 2002. The hourly rate for resident

and nonresident service will increase by

approximately 5 percent and the fee rate

will increase by approximately 6

percent. The impact of these rate

changes in a poultry plant will range

from less than 0.006 to 0.02 cents per

pound of poultry handled. In a shell egg

plant, the range will be less than 0.028

to 0.033 cents per dozen eggs handled.

Civil Justice Reform

This action has been reviewed under

Executive Order 12988, Civil Justice

Reform. This action 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. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

Paperwork Reduction

The information collection

requirements that appear in the sections

to be amended by this action have been

previously approved by OMB and

assigned OMB Control Numbers under

the Paperwork Reduction Act (44 U.S.C.

Chapter 35) as follows: § 56.52(a)(4)—

No. 0581–0128; and § 70.77(a)(4)—No.

0581–0127.

Pursuant to 5 U.S.C. 553, it is found

and determined that good cause exists

for not postponing the effective date of

the action until 30 days after

publication in the Federal Register. The

revised fees need to be implemented on

an expedited basis in order to avoid

further financial losses in the grading

program. The effective date of the fee

increase will be set to coincide with the

billing cycle that begins on the first day

of the first month after date of

publication in the Federal Register.

List of Subjects

7 CFR Part 56

Eggs and egg products, Food grades

and standards, Food labeling, Reporting

and recordkeeping requirements.

7 CFR Part 70

Food grades and standards, Food

labeling, Poultry and poultry products,

Rabbits and rabbit products, Reporting

and recordkeeping requirements.

For reasons set forth in the preamble,

Title 7, Code of Federal Regulations,

parts 56 and 70 are amended as follows:

PART 56—GRADING OF SHELL EGGS

1. The authority citation for part 56

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

2. In § 56.46, paragraphs (b) and (c)

are revised to read as follows:

§ 56.46 On a fee basis.

(a) * * *

66714 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

(b) Fees for grading services will be

based on the time required to perform

the services. The hourly charge shall be

$54.40 and shall include the time

actually required to perform the grading,

waiting time, travel time, and any

clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $62.76

per hour. Information on legal holidays

is available from the Supervisor.

3. In § 56.52, paragraph (a)(4) is

revised to read as follows:

§ 56.52 Continuous grading performed on

resident basis.

* * * * *

(a) * * *

(4) An administrative service charge

based upon the aggregate number of 30-

dozen cases of all shell eggs handled in

the plant per billing period multiplied

by $0.046, except that the minimum

charge per billing period shall be $250

and the maximum charge shall be

$2,650. The minimum charge also

applies where an approved application

is in effect and no product is handled.

PART 70—VOLUNTARY GRADING OF

POULTRY PRODUCTS AND RABBIT

PRODUCTS

4. The authority citation for part 70

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

5. In § 70.71, paragraphs (b) and (c)

are revised to read as follows:

§ 70.71 On a fee basis.

(a) * * *

(b) Fees for grading services will be

based on the time required to perform

such services for class, quality, quantity

(weight test), or condition, whether

ready-to-cook poultry, ready-to-cook

rabbits, or specified poultry food

products are involved. The hourly

charge shall be $54.40 and shall include

the time actually required to perform

the work, waiting time, travel time, and

any clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $62.76

per hour. Information on legal holidays

is available from the Supervisor.

6. In § 70.77, paragraph (a)(4) is

revised to read as follows:

§ 70.77 Charges for continuous poultry or

rabbit grading performed on a resident

basis.

* * * * *

(a) * * *

(4) For poultry grading: An

administrative service charge based

upon the aggregate weight of the total

volume of all live and ready-to-cook

poultry handled in the plant per billing

period computed in accordance with the

following: Total pounds per billing

period multiplied by $0.00036, except

that the minimum charge per billing

period shall be $250 and the maximum

charge shall be $2,650. The minimum

charge also applies where an approved

application is in effect and no product

is handled.

* * * * *

Dated: December 20, 2001.

A. J. Yates,

Administrator, Agricultural Marketing

Service.

[FR Doc. 01–31820 Filed 12–26–01; 8:45 am]

BILLING CODE 3410–02–P

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

10 CFR Part 1707

Testimony by DNFSB Employees and

Production of Official Records in Legal

Proceedings

AGENCY: Defense Nuclear Facilities

Safety Board (DNFSB).

ACTION: Final rule.

SUMMARY: The Defense Nuclear

Facilities Safety Board (DNFSB) is

implementing procedures governing

testimony by DNFSB employees and the

production of official records in legal

proceedings. This rule sets forth

procedures that requesters must follow

when making demands or requests to a

DNFSB employee to produce official

records or information or to provide

testimony relating to official

information in connection with a legal

proceeding in which the DNFSB is not

a party. This rule establishes procedures

to respond to such demands and

requests in an orderly and consistent

manner. This rule, among other benefits,

promotes uniformity in decisions,

protects confidential information,

provides guidance to requesters, and

reduces the potential for both

inappropriate disclosures of official

information and wasteful allocation of

agency resources.

EFFECTIVE DATE: January 28, 2002.

FOR FURTHER INFORMATION CONTACT:

Richard A. Azzaro, General Counsel,

Defense Nuclear Facilities Safety Board,

625 Indiana Avenue, NW., Suite 700,

Washington, DC 20004–2901, telephone:

202–694–7062; FAX: 202–208–6518.

SUPPLEMENTARY INFORMATION:

Background

On November 14, 2001, DNFSB

published in the Federal Register a

notice of proposed rulemaking

proposing to establish procedures

governing testimony by DNFSB

employees and the production of official

records in legal proceedings to which

DNFSB is not a party (66 FR 57003–

57007). This rule establishes a new part

1707 of our regulations, which sets forth

the DNFSB rules for responding to

requests for information, records, or

testimony in legal proceedings.

The Defense Nuclear Facilities Safety

Board may receive subpoenas and

requests for DNFSB employees to

provide evidence in litigation in which

the DNFSB is not a party. These

subpoenas and requests may also be for

DNFSB records that are not available to

the public under the Freedom of

Information Act. Also, DNFSB could

receive subpoenas or requests for

DNFSB employees to appear as

witnesses in litigation in conjunction

with a request for nonpublic records.

Responding to such demands and

requests could divert DNFSB resources

from their congressionally mandated

functions. This regulation will ensure a

more efficient use of DNFSB resources,

minimize the possibility of involving

DNFSB in issues unrelated to its

responsibilities, promote uniformity in

responding to such requests and

subpoenas, and maintain impartiality of

DNFSB in matters that are in dispute

between other parties. It also serves

DNFSB’s duty to protect sensitive,

confidential, and privileged information

and records.

This rule, issued under the authority

of 5 U.S.C. 301, is similar to rules issued

by numerous Government agencies and

departments. Section 301 of Title 5, the

‘‘housekeeping statute,’’ authorizes the

head of an executive agency to issue

‘‘regulations for the government of his

department, the conduct of its

employees, the distribution and

performance of its business, and the

custody, use, and preservation of its

records, papers, and property.’’ In

United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951), the Supreme Court

upheld the authority of Federal agencies

to establish procedures pursuant to

section 301 similar to those established

here. Federal courts have consistently

held that a person seeking testimony or

records from an agency must comply

with the agency’s ‘‘Touhy regulation’’

before seeking judicial enforcement of a

subpoena. In addition, under section

2286b of the enabling statute of the

Defense Nuclear Facilities Safety Board,

42 U.S.C. 2286 et seq., the DNFSB has