Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations 67071

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 300

[Docket No. 99–081–2]

Hot Water Treatment for Limes

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: On November 8, 2001, the

Animal and Plant Health Inspection

Service published a direct final rule.

(See 66 FR 56427–56428, Docket No.

99–081–1.) The direct final rule notified

the public of our intention to amend the

Plant Protection and Quarantine

Treatment Manual, which is

incorporated by reference into the

regulations, to allow limes that are

found to be infested with mealybugs

(Pseudococcidae) and other surface

pests to be treated with a hot water

treatment. We did not receive any

written adverse comments or written

notice of intent to submit adverse

comments in response to the direct final

rule.

EFFECTIVE DATE: The effective date of the

direct final rule is confirmed as January

7, 2002.

FOR FURTHER INFORMATION CONTACT:

Donna L. West, Import Specialist,

Phytosanitary Issues Management, PPQ,

APHIS, 4700 River Road Unit 140,

Riverdale, MD 20737–1236; (301) 734–

6799.

Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22,

2.80, and 371.3.

Done in Washington, DC, this 20th day of

December 2001.

W. Ron DeHaven,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 01–31945 Filed 12–27–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. LS–01–02]

Pork Promotion, Research, and

Consumer Information Order—

Increase in Importer Assessments

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: Pursuant to the Pork

Promotion, Research, and Consumer

Information Act of 1985 (Act) and the

Pork Promotion, Research, and

Consumer Information Order (Order)

issued thereunder, this final rule

increases by seven-hundredths to onetenth of a cent per pound the amount of

the assessment per pound due on

imported pork and pork products to

reflect an increase in the 2000 average

price for domestic barrows and gilts.

This final action brings the equivalent

market value of the live animals from

which such imported pork and pork

products were derived in line with the

market values of domestic porcine

animals. These changes will facilitate

the continued collection of assessments

on imported porcine animals, pork, and

pork products.

EFFECTIVE DATE: January 28, 2002.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988 and

Regulatory Flexibility Act

The Office of Management and Budget

has waived the review process required

by Executive Order 12866 for this

action.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. The Act

states that the statute is intended to

occupy the field of promotion and

consumer education involving pork and

pork products and of obtaining funds

thereof from pork producers and that

the regulation of such activity (other

than a regulation or requirement relating

to a matter of public health or the

provision of State or local funds for

such activity) that is in addition to or

different from the Act may not be

imposed by a State.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1625 of the Act, a person subject to an

order may file a petition with the

Department of Agriculture (USDA)

stating that such order, a provision of

such order or an obligation imposed in

connection with such order is not in

accordance with the law; and requesting

a modification of the order or an

exemption from the order. Such person

is afforded the opportunity for a hearing

on the petition. After the hearing, USDA

would rule on the petition. The Act

provides that the district court of the

United States in the district in which a

person resides or does business has

jurisdiction to review USDA’s

determination, if a complaint is filed not

later than 20 days after the date such

person receives notice of such

determination.

This action also was reviewed under

the Regulatory Flexibility Act (5 United

States Code (U.S.C.) 601 et seq.). The

effect of the Order upon small entities

initially was discussed in the September

5, 1986, issue of the Federal Register

(51 FR 31898). It was determined at that

time that the Order would not have a

significant effect upon a substantial

number of small entities. Many of the

estimated 500 importers may be

classified as small entities under the

Small Business Administration

definition (13 CFR 121.201).

This final rule will increase the

amount of assessments on imported

pork and pork products subject to

assessment by seven-hundredths to onetenth of a cent per pound, or as

expressed in cents per kilogram, fifteenhundredths to twenty-two-hundredths

of a cent per kilogram. This increase is

consistent with the increase in the

annual average price of domestic

barrows and gilts for calendar year 2000.

The average annual market price

increased from $31.46 in 1999 to $42.70

in 2000, an increase of about 36 percent.

Adjusting the assessments on imported

pork and pork products would result in

an estimated increase in assessments of

$713,000 over a 12-month period.

Assessments collected on imported

hogs, pork, and pork products for 2000

were $3,384,096. Accordingly, the

Administrator of the Agricultural

Marketing Service (AMS) has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

The Act (7 U.S.C. 4801–4819)

approved December 23, 1985,

authorized the establishment of a

national pork promotion, research, and

consumer information program. The

program was funded by an initial

assessment rate of 0.25 percent of the

market value of all porcine animals

marketed in the United States and on

imported porcine animals with an

equivalent assessment on pork and pork

products. However, that rate was

increased to 0.35 percent in 1991 (56 FR

51635) and to 0.45 percent effective

September 3, 1995 (60 FR 29963). The

final Order establishing a pork

promotion, research, and consumer

information program was published in

the September 5, 1986, issue of the

Federal Register (51 FR 31898; as

corrected, at 51 FR 36383 and amended

at 53 FR 1909, 53 FR 30243, 56 FR 4,

56 FR 51635, 60 FR 29963, 61 FR 29002,

62 FR 26205, 63 FR 45936, and 64 FR