Unknown. Final rule

4,389 words·~20 min read·/register/2000/04/28/00-10481

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-04-28.xml --- 65 83 Friday, April 28, 2000 Contents Agricultural Agricultural Marketing Service RULES Perishable Agricultural Commodities Act; implementation: Limited liability companies; recognition as legal entities, 24853-24855 00-10481 Agriculture Agriculture Department See Agricultural Marketing Service See Cooperative State Research, Education, and Extension Service See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service Antitrust Antitrust Division NOTICES National cooperative research notifications:

Advanced Lead-Acid Battery Consortium, 24981 00-10621 Affymetrix, Inc., et al., 24981 00-10596 CommerceNet Consortium, Inc., 24982 00-10602 Digital Imaging Group, Inc., 24982 00-10601 Frame Relay Forum, 24985 00-10600 General Motors Corp., 24982 00-10622 Integrated Shipbuilding Environment Consortium, 24983 00-10594 Inter Company Collaboration for AIDS Drug Development, 24983 00-10620 OBI Consortium, Inc., 24983 00-10604 Portland Cement Association, 24983-24984 00-10598 Project DeepLook, 24984 00-10619 Salutation Consortium, Inc., 24984 00-10595 Siemens Westinghouse, 24984 00-10599 SMC Research Consortium, 24984-24985 00-10597 Wireless Application Protocol Forum, 24985 00-10603 Army Army Department See Engineers Corps NOTICES Agency information collection activities:

Proposed collection; comment request, 24942 00-10639 Patent licenses; non-exclusive, exclusive, or partially exclusive: Automated decision-aid system for hazardous incidents, 24942 00-10637 Launcher and method for launching disk-shaped projectile in edge-on and face-on orientations, etc., 24942-24943 00-10636 Passive bimetallic actuator for heat transfer, 24943 00-10635 Prolonged storage of red blood cells, 24943 00-10638 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 24912-24916 00-10650 00-10651 00-10652 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Hemophilia; joint complications prevention; patient follow-up study, 24961-24963 00-10680 Public health law; collaborating centers development and operation, 24963-24965 00-10677 State unintentional injury intervention programs, 24965-24968 00-10684 Meetings: National Center for Infectious Diseases— Scientific Counselors Board, 24968-24969 00-10681 Coast Guard Coast Guard RULES Drawbridge operations:

California, 24873-24874 00-10548 Ports and waterways safety: Kamchemak Bay, AK; safety zone, 24874-24875 00-10607 San Juan Harbor, PR; safety zone, 24874 00-10498 Uninspected vessels: Passenger vessel safety, 24878-24881 00-10499 PROPOSED RULES Regattas and marine parades: Eighth Coast Guard District annual marine events, 24899-24906 00-10605 NOTICES Agency information collection activities: Submission for OMB review; comment request, 25015-25016 00-10606 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 24912 00-10577 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 24911-24912 00-10653 Commodity Commodity Futures Trading Commission NOTICES Contract market proposals: Chicago Board of Trade— Dow Jones Composite Average, 24918 00-10643 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Agency information collection activities:

Proposed collection; comment request, 24909-24910 00-10568 Corporation Corporation for National and Community Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 24918-24919 00-10612 00-10613 Grants and cooperative agreements; availability, etc.: AmeriCorps* programs— Americorps State Competitive and National programs, and Learn and Serve America K-12 School-based programs, 24920-24922 00-10554 Defense Defense Department See Army Department See Engineers Corps NOTICES Arms sales notification; transmittal letter, etc., 24922-24934 00-10574 00-10575 00-10576 Meetings:

Regional Security Studies Centers Board of Visitors, 24936 00-10573 United States Commission on National Security/21st Century, 24935 00-10571 Privacy Act: Systems of records, 24935-24936 00-10572 Travel per diem rates, civilian personnel; changes, 24937-24941 00-10578 Drug Drug Enforcement Administration NOTICES Privacy Act: Systems of records, 24986-24987 00-10687 *Applications, hearings, determinations, etc.:* Eli-Elsohly Laboratories, Inc., 24985-24986 00-10667 Lonza Riverside, 24986 00-10668 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Indian Education Discretionary Programs (Professional Development), 25151-25153 00-10645 Indian Education Professional Development Program, 25147-25152 00-10644 Individuals with disabilities— Various special education programs, 25155-25170 00-10610 Employment Employment and Training Administration NOTICES Adjustment assistance: Althin Medical, Inc., et al., 24994-24995 00-10582 Apparel Sales & Printing, Inc., 24995 00-10579 California Shirt Sales, Inc., 24995 00-10584 Lucky Star Industries, 24996 00-10583 NAFTA transitional adjustment assistance:

Cerplex, 24996 00-10580 Tektronix, Inc., 24996 00-10581 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 24996-24998 00-10344 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program: Water heaters; energy conservation standards, 25041-25086 00-9847 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:

Los Angeles County, CA; main channel deepening project, 24943-24944 00-10634 Environmental statements; notice of intent: Lafourche, Jefferson and Plaquemines Parishes, LA; barrier shoreline restoration, 24944-24945 00-10640 New Jersey Turnpike Authority; permit application to discharge fill material into U.S. waters, 24945-24946 00-10633 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: New York, 24875-24878 00-10521 NOTICES Environmental statements; availability, etc.:

Agency statements— Comment availability, 24953 00-10675 Weekly receipts, 24952-24953 00-10676 Meetings: Agricultural Worker Protection Program, National Assessment; workshops, 24953-24954 00-10591 Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Chlorpyrifos-methyl and trichlorfon, 24954-24955 00-10589 Pesticide tolerance reassessment and reregistration; public participation process; comment request, 24955-24957 00-10590 Water pollution; discharge of pollutants (NPDES):

Alaska; seafood processors; general permit; correction, 24957 00-10646 State programs— New York; letter from EPA, 24957-24958 00-10657 Storm water discharges from construction activities; general permit, 25121-25145 00-10518 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness directives: Eurocopter Deutschland, 24872-24873 00-10290 Learjet, 24870-24872 00-10050 PROPOSED RULES Airworthiness directives:

Boeing, 24889-24894 00-10670 Bombardier, 24887-24889 00-10671 McDonnell Douglas, 24894-24897, 00-10669 24882-24887 00-10672 NOTICES Meetings: Commercial Space Transportation Advisory Committee, 25016-25017 00-10545 Passenger facility charges; applications, etc.: Santa Barbara, CA, et al., 25017-25020 00-10546 FCC Federal Communications Commission NOTICES Meetings: Technological Advisory Council, 24958-24959 00-10614 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities:

Submission for OMB review; comment request, 24959 00-10611 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: PG&E Energy Services Corp. et al., 24947-24950 00-10565 Worthington Generation L.L.C. et al., 24950-24951 00-10564 Hydroelectric applications, 24951-24952 00-10563 *Applications, hearings, determinations, etc.:* American Energy Savings, Inc., 24946-24947 00-10560 New England Power Pool, 24947 00-10562 Northern Natural Gas Co., 24947 00-10561 Federal Financial Federal Financial Institutions Examination Council NOTICES Community Reinvestment Act:

Community reinvestment; interagency questions and answers, 25087-25120 00-10343 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Prince George's County, MD, 25020 00-10615 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 25020-25021 00-10547 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: National Railroad Passenger Corp.

(Amtrak) et al., 25021-25023 00-10706 San Diego Trolley, Inc., 25023 00-10705 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 24959 00-10569 Meetings; Sunshine Act, 24959 00-10731 FTC Federal Trade Commission NOTICES Reports and guidance documents; availability, etc.: Children's Online Privacy Protection Act; safe harbor provisions— Self-regulatory guidelines from Children's Advertising Review Unit of Council of Better Business Bureaus, Inc., 24960 00-10549 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Bayou Cocodrie National Wildlife Refuge, LA, 24976 00-10682 St. Marks National Wildlife Refuge, FL, 24976-24977 00-10683 Marine mammals permit applications, 24977 00-10642 Food Food and Drug Administration NOTICES Controlled Substances Act: Psychotropic Substances Convention; international drug scheduling— 4-bromo-2,5-dimethoxyphenethylamine (2C-B), etc., 24969-24970 00-10631 Forest Forest Service PROPOSED RULES Forest transportation system administration, 24906 00-10656 NOTICES Meetings:

Intergovernmental Advisory Committee, 24910 00-10685 Olympic Provincial Interagency Executive Committee Advisory Committee, 24910 00-10629 Reports and guidance documents; availability, etc.: Forest transportation system; administrative policy, 24910 00-10655 Geological Geological Survey NOTICES Agency information collection activities: Proposed collection; comment request, 24977 00-10625 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See Indian Health Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 24960-24961 00-10558 Health Health Care Financing Administration NOTICES Meetings: Competitive Pricing Advisory Committee, 24970-24971 00-10555 Medicare peer review organizations and health care community entities; partnerships to foster health care quality improvement; town hall meeting, 24971-24972 00-10710 Health Health Resources and Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 24972-24973 00-10632 Housing Housing and Urban Development Department PROPOSED RULES Low income housing:

Housing assistance payments (Section 8)— Fair market rents for Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program, etc., 25171-25231 00-10660 NOTICES Agency information collection activities: Proposed collection; comment request, 24974-24975 00-10658 Submission for OMB review; comment request, 24975 00-10659 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 24975-24976 00-10306 Indian Indian Health Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 24973-24974 00-10543 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes: Partnership mergers and divisions Hearing cancellation, 24897 00-10524 International International Trade Administration NOTICES Antidumping: Oil country tubular goods from— Japan, 00-10528 24916-24917 00-10529 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Prisons Bureau NOTICES Pollution control; consent judgments:

Big Apple Wrecking Corp. et al., 24980-24981 00-10593 Gulf States Steel, Inc., 24981 00-10686 Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Grants and cooperative agreements; availability, etc.: Women in Apprenticeship and Nontraditional Occupations, 24988-24994 00-10585 Land Land Management Bureau NOTICES Environmental statements; notice of intent: AT&T Corp.; buried fiber optic telecommunications system, CA, AZ, NM, and TX, 24977-24978 00-10679 Realty actions; sales, leases, etc.:

Colorado, 24978 00-10586 Recreation management restrictions, etc.: Three Rivers Resource Area, OR; Burns Wild Horse Corrals facility; access limits, 24978-24979 00-10213 William L. Matthews Wildlife Habitat and Recreation Area, MT; firearms discharge restriction, 24979 00-10626 Management Management and Budget Office NOTICES Meetings: Collecting Information in Information Age; initiative, 25004-25009 00-10570 National Credit National Credit Union Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 24998 00-10617 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle defect proceedings; petitions, etc.: Kerr, Edward C.; petition denied, 25023-25026 00-10630 McMath, Sandy S.; petition denied, 25026-25037 00-10624 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Program Advisory Committee, 24917-24918 00-10654 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Western Pacific crustacean and Northwestern Hawaiian Islands lobster, 24906-24908 00-10750 National Park National Park Service NOTICES Meetings: Selma to Montgomery National Historic Trail Advisory Council, 24979 00-10587 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 24855-24870 00-10390 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 00-10662 24998-24999 00-10663 Environmental statements; availability, etc.: Northeast Nuclear Energy Co. et al., 25003-25004 00-10664 Reports and guidance documents; availability, etc.: Tank waste remediation system privatization project; license application review; standard review plan, 25004 00-10661 *Applications, hearings, determinations, etc.:* Northern States Power Co., 24999-25002 00-10665 00-10666 Office Office of Management and Budget See Management and Budget Office Prisons Prisons Bureau NOTICES Environmental statements; notice of intent:

Terre Haute, IN; medium/high-security Federal correctional facility construction, 24988 00-10323 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service Railroad Railroad Retirement Board NOTICES Agency information collection activities: Submission for OMB review; comment request, 25009-25010 00-10618 00-10627 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities:

Proposed collection; comment request, 24910-24911 00-10648 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.: Intertie Participants Group, 24911 00-10649 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Public utility holding company filings, 25010-25014 00-10566 SBA Small Business Administration NOTICES Agency information collection activities: Proposed collection; comment request, 25014-25015 00-10556 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions:

Maryland, 24897-24899 00-10609 NOTICES Agency information collection activities: Submission for OMB review; comment request, 24980 00-10608 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Global Passenger Services, L.L.C., et al., 25037-25038 00-10526 Railroad services abandonment: Central of Tennessee Railway & Navigation Co., Inc., 25038-25039 00-10751 TVA Tennessee Valley Authority NOTICES Agency information collection activities:

Proposed collection; comment request, 25015 00-10628 Meetings: Regional Resource Stewardship Council, 25015 00-10623 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Department of Energy, Energy Efficiency and Renewable Energy Office, 25041-25086 00-9847 Part III Federal Financial Institutions Examination Council, 25087-25120 00-10343 Part IV Environmental Protection Agency, 25121-25145 00-10518 Part V Department of Education, 25147-25153 00-10644 00-10645 Part VI Department of Education, 25155-25170 00-10610 Part VII Department of Housing and Urban Development, 25171-25231 00-10660 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 83 Friday, April 28, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 46 [Docket No.

FV99-361] Perishable Agricultural Commodities Act: Recognizing Limited Liability Companies AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture

(USDA)has amended the regulations under the Perishable Agricultural Commodities Act (PACA or Act) to recognize a limited liability company

(LLC)as a legal entity, and also to recognize each member of an LLC, and/or any other person authorized by the members to conduct business on behalf of an LLC, as “responsibly connected” with the LLC, as defined in the PACA. EFFECTIVE DATE: May 30, 2000. FOR FURTHER INFORMATION CONTACT: Charles W. Parrott, Acting Chief, PACA Branch, Fruit and Vegetable Programs, AMS, USDA, Room 2095, So. Bldg., P.O. Box 96456, Washington, DC 20090-6456, phone

(202)720-2272. Email—charles.parrott@usda.gov. SUPPLEMENTARY INFORMATION: This regulation is issued under authority of section 15 of the PACA (7 U.S.C. 499o). Background The Perishable Agricultural Commodities Act (PACA or Act) establishes a code of fair trade practices covering the marketing of fresh and frozen fruits and vegetables in interstate and foreign commerce. The PACA protects growers, shippers, distributors, and retailers dealing in those commodities by prohibiting unfair and fraudulent trade practices. In this way, the law fosters an efficient nationwide distribution system for fresh and frozen fruits and vegetables, benefiting the whole marketing chain from farmer to consumer. USDA's Agricultural Marketing Service

(AMS)administers and enforces the PACA. Any person who buys or sells commercial quantities of fruits and vegetables in interstate or foreign commerce must be licensed under the PACA. Under the Act and regulations, the term “person” means any individual, partnership, corporation, association, or separate legal entity. 7 USC 499a(b)(1); 7 CFR 46.2(i). Separate licenses are required for each person. A person is designated as “responsibly connected” with a firm under the PACA if that person is affiliated as an owner, as a partner in a partnership, or as an officer, director or holder of more than 10 percent of the outstanding stock of a corporation or association. 7 USC 499a(b)(9); 7 CFR 46.2(ff). In the event that a licensee is found to have violated the Act and USDA suspends or revokes the firm's license, then the licensee and its “responsibly connected” principals face PACA licensing and employment restrictions which may include the denial of a license, a prohibition on employment with another PACA licensee, or the requirement that a bond be posted as a prerequisite to licensing or employment in the fruit and vegetable industry. 7 USC 499h. Previously, the PACA regulations did not specifically define a limited liability company as a “person,” although USDA policy was to recognize an LLC as a separate legal entity, just as LLC's are recognized in most states, subject to licensing under the PACA. The regulatory amendments herein codify that policy by expanding the current regulations to include LLC's under the PACA, especially with regard to the licensing of LLC's and the responsibly connected status of LLC members and managers. Comments A proposed rule to amend PACA regulations was published in the **Federal Register** on October 25, 1999 (64 FR 57405). The proposal sought to amend several of Title 7, Part 46, to recognize an LLC as a legal entity, and also to recognize each member of an LLC, and/or any other person authorized by the members to conduct business on behalf of an LLC, as “responsibly connected” with the LLC, as defined in the PACA. The proposal also sought revision of an information collection previously approved by the Office of Management and Budget (OMB). AMS received no comments, and therefore, is making no changes to the final rule. Executive Orders 12866 and 12988 This final rule is issued under the Perishable Agricultural Commodities Act (7 U.S.C. 499 *et seq.* ), as amended, and has been determined to be not significant for the purposes of Executive Order 12866, and therefore, has not been reviewed by OMB. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform and is not intended to have retroactive effect. This final 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 that must be exhausted prior to any judicial challenge to the provisions of this rule. Effects on Small Businesses Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* , USDA has considered the economic impact of this final rule on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small agricultural service firms have been defined by the Small Business Administration (13 CFR 121) as those with less than 500 employees. The PACA requires all businesses that operate subject to its provisions to maintain a license issued by USDA. There are approximately 15,700 PACA licensees, the majority of which may be classified as small entities. The amendments to the PACA regulations recognize a limited liability company

(LLC)as a legal entity under the PACA regulations, and revise the definition of “responsibly connected” under the regulations to include any member of an LLC, and/or any other person authorized by the members to conduct business on behalf of an LLC. The LLC business structure has become widely accepted throughout the United States as a new legal entity and these regulatory amendments clarify how USDA deals with these entities and their principals under the PACA. Like a sole proprietorship, partnership, corporation, or any other separate legal entity, a LLC, whether a small or large business, must obtain and maintain a valid PACA license if it buys or sells commercial quantities of fruits and vegetables in interstate or foreign commerce. AMS believes that this final rule will have no more impact on an LLC than the current PACA regulations have on sole proprietorships, partnerships, associations, or corporations operating subject to the PACA, whether large or small. Since LLC's are required to be licensed under the PACA as a “separate legal entity,” they are subject to disciplinary actions by USDA for violating the PACA and regulations. Therefore, these regulatory amendments mainly impact those persons USDA considers as “responsibly connected” with the LLC. If USDA suspends or revokes a firm's license for PACA violations, the firm and any person found “responsibly connected” with the firm are restricted for a certain period of time from holding a PACA license or from being employed with another PACA licensee. These restrictions apply to any firm which has been found to have violated the PACA, regardless of the firm's size or type of ownership. Given the preceding discussion, AMS has determined that the provisions of this final rule would not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act In compliance with Office of Management and Budget

(OMB)regulations (5 CFR part 1320) which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the information collection and record keeping requirements covered by this final rule were approved by OMB on November 29, 1999, and expire on April 30, 2001. List of Subjects in 7 CFR Part 46 Agricultural commodities, Brokers, Penalties, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 46 is amended as follows: PART 46—[AMENDED] 1. The authority citation for part 46 continues to read as follows: Authority: Sec. 15, 46 Stat. 537; 7 U.S.C. 499o. 2. In § 46.2, paragraphs

(i)and

(ff)are revised to read as follows: § 46.2 Definitions.

(i)*Person* means any individual, partnership, limited liability company, corporation, association, or separate legal entity.

(ff)*Responsibly connected* means affiliation as individual owner, partner in a partnership, member, manager, officer, director or holder of more than a 10 percent ownership stake in a limited liability company, or officer, director or holder of more than 10 percent of the outstanding stock of a corporation or association. 3. § 46.4 is amended as follows: a. Paragraphs (b)(3) and (b)(4) are revised, b. Paragraphs (b)(6)(ii) and (b)(6)(iii) are removed, c. Paragraph (b)(6)(iv) is redesignated as paragraph (b)(6)(ii) and revised, d. Paragraphs (b)(6)(v) and (b)(6)(vi) are redesignated as paragraphs (b)(6)(iii) and (b)(6)(iv), and e. The introductory text of paragraph (b)(6), and paragraph

(c)are revised to read as follows: § 46.4 Application for license.

(b)* * *

(3)*Type of ownership.* If a corporation or limited liability company, the applicant shall furnish the month, day, and year incorporated or organized; the State in which incorporated or organized; the name in which incorporated or organized; and the address of the principal office. A limited liability company shall also furnish a copy of its articles of organization and its operating agreement.

(4)*Full legal name, all other names used, if any, and home address of owner.* If a partnership, the applicant shall furnish the legal names, all other names used, if any, and home address of all partners, indicating whether general, limited, or special partners. If a limited liability company, the applicant shall furnish the full legal names, all other names used, if any, and home address of all members, managers, officers, directors and holders of more than 10 percent of the ownership stake, and the percentage of ownership in the company held by each such person. If an association or corporation, the applicant shall furnish the full legal names, all other names used, if any, and home address of all officers, directors and holders of more than 10 percent of the outstanding stock and the percentage of stock held by each such person. Minors shall also furnish the full name and home address of their guardian. If the applicant is a trust, the name of the trust and the full name and home address of the trustee must be furnished. If the applicant is a limited liability company and a member or holder of more than 10 percent of the ownership stake is a partnership, another limited liability company, corporation, association, or separate legal entity, the applicant shall furnish the full legal names and home address of that member's partners, members, managers, directors, and officers.

(6)Whether the applicant, or in case the applicant is a partnership, any partner, or in case the applicant is a limited liability company, any member, manager, officer, director or holder of more than 10 percent of the ownership stake, or in case the applicant is an association or corporation, any officer, director, or holder of more than 10 percent of the outstanding stock, has prior to the filing of the application:

(i)* * *

(ii)Within three years been adjudicated or discharged as a bankrupt or was an officer, director, stockholder, partner, member, manager or owner of a firm adjudicated or discharged as a bankrupt. * * *

(c)The application shall be signed by the owner, all general partners, or in case the applicant is a limited liability company, a member or manager, or in case the applicant is an association, or corporation, a duly authorized officer. 4. In § 46.11, the first sentence is revised to read as follows: § 46.11 What constitutes valid license, form and use. Each license shall bear a serial number, the names in which authorized to conduct business, type of ownership, if the business is individually owned, the name of the owner; if a partnership, the names of all general partners; if a limited liability company, the names of all members, managers, officers, directors and holders of more than 10 percent of the ownership stake, and the percentage of ownership in the company held by each such person; if a corporation or association, the names of all officers, directors, and shareholders of more than 10 percent of the outstanding stock and the percentage of stock held by each such person; the facsimile signature of the Deputy Administrator, the seal of the Department and shall be duly countersigned. * * * 5. In § 46.13, paragraphs (a)(2) and (a)(5) are revised to read as follows: § 46.13 Address, ownership, changes in trade name, changes in number of branches, changes in members of partnership, and bankruptcy.

(a)* * *

(2)Any change in officers, directors, members, managers, holders of more than 10 percent of the outstanding stock in a corporation, with the percentage of stock held by such person, and holders of more than 10 percent of the ownership stake in a limited liability company, and the percentage of ownership in the company held by each such person;

(5)When the licensee, or if the licensee is a partnership, any partner is subject to proceedings under the bankruptcy laws. A new license is required in case of a change in the ownership of a firm, the addition or withdrawal of partners in a partnership, or in case business is conducted under a different corporate charter, or in case a limited liability company conducts business under different articles or organization from those under which the license was originally issued. Dated: April 21, 2000. Robert C. Keeney, Deputy Administrator, Fruit and Vegetable Programs. [FR Doc. 00-10481 Filed 4-27-00; 8:45 am]

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