Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-05-15.xml --- 66 94 Tuesday, May 15, 2001 Contents African African Development Foundation NOTICES Meetings; Sunshine Act, 26830 01-12387 Agricultural Agricultural Marketing Service RULES Beef promotion and research, 26783-26785 01-12141 PROPOSED RULES Cherries

(tart)grown in— Michigan et al., 26813-26815 01-12139 Kiwifruit grown in— California, 26810-26813 01-12140 Agriculture Agriculture Department See Agricultural Marketing Service Air Force Air Force Department RULES Environmental protection: Environmental impact analysis process; correction, 26793 01-12200 Alcohol Alcohol, Tobacco and Firearms Bureau RULES Alcohol; viticultural area designations: Long Island; Nassau and Suffolk Counties, NY, 26789-26791 01-12161 NOTICES Agency information collection activities: Proposed collection; comment request, 26912 01-12160 Army Army Department NOTICES Meetings: Science Board, 26843 01-12201 01-12202 Coast Guard Coast Guard RULES Drawbridge operations: Illinois, 26793-26795 01-12115 PROPOSED RULES Gulf of Mexico; floating production, storage, and offloading units; meeting, 26824-26825 01-12114 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 26830 01-12166 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Caribbean Basin Trade Partnership Act; short supply requests— Freudenberg Nonwovens Group; microfilament fabric of continuous polyester and nylon filaments, 26841-26842 01-12282 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 26842 01-12327 Customs Customs Service NOTICES Customhouse broker license cancellations, suspension, etc.: Escort Forwarding Inc., 26912 01-12205 Customhouse broker license cancellation, suspension, etc.: S. Stern Custom Brokers, Inc., et al., 26912 01-12204 Defense Defense Department See Air Force Department See Army Department RULES Federal Acquisition Regulation (FAR): Definitions Correction, 27011-27012 01-12214 NOTICES Agency information collection activities: Submission for OMB review; comment request, 26842-26843 01-12117 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 26843-26844 01-12156 Committees; establishment, renewal, termination, etc.: Institutional Quality and Integrity National Advisory Committee, 26844 01-12169 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Los Alamos, NM, 26844-26845 01-12186 Powerplant and industrial fuel use; new electric powerplant coal capability: Self-certification filings— Goldendale Energy, Inc. et al., 26845-26846 01-12187 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Biomass Research and Development Technical Advisory Committee, 26846 01-12185 Federal Energy Management Advisory Committee, 26846-26847 01-12184 EPA Environmental Protection Agency RULES Air programs: State and local operating permits programs; interim approval requirements, 27007-27010 01-12207 Air quality implementation plans; approval and promulgation; various States: Texas, 26913-26939 01-11564 Water supply: National primary and secondary drinking water regulations— Pollutants analysis; test procedures; guidelines establishment; rule withdrawn, 26795 01-12045 NOTICES Air pollution control: Citizens suits; proposed settlements— Our Children's Earth Foundation, 26854 01-12208 Executive Executive Office of the President See Trade Representative, Office of United States Farm Farm Credit Administration RULES Farm credit system: Organization; and funding and fiscal affairs, loan policies and operations, and funding operations— Stock Issuances, 26785 01-12152 FAA Federal Aviation Administration RULES Airworthiness directives: Empresa Brasileira de Aeronautica, S.A., 26785-26787 01-11900 General Electric Co., 26787-26789 01-12005 Airworthiness standards: Special conditions— Boeing Model 777-200 series airplanes, 26971-26975 01-12106 PROPOSED RULES Airworthiness directives: Airbus, 26815-26817 01-12177 Boeing, 26819-26822 01-12174 McDonnell Douglas, 26817-26819 01-12176 Airworthiness standards: Transport category airplanes— Airspeed indicating systems requirements, 26947-26953 01-12103 Design and installation of electronic equipment, 26955-26961 01-12102 Electrical cables, 26941-26946 01-12105 Fire protection of electrical system components, 26963-26969 01-12100 NOTICES Advisory circulars; availability, etc.: Aircraft— Electrical system fire and smoke protection, 26969-26970 01-12101 Transport category airplanes— Flight test guide for certification, 26905-26906 01-12104 Meetings: Aircraft Repair and Maintenance Advisory Committee, 26906 01-12111 Passenger facility charges; applications, etc.: Lewiston-Nez Perce County Regional Airport, ID, 26906-26907 01-12107 San Francisco International Airport, CA, 26907-26908 01-12109 San Jose International Airport, CA, 26908 01-12108 San Jose International Airport, CA, 26908-26909 01-12110 FCC Federal Communications Commission RULES Common carrier services: Telecomunications Act of 1996— Local competition provisions; intercarrier compensation for ISP-bound traffic, 26800-26806 01-12165 Flight information services: Advanced digital communications, 26796-26800 01-12162 Radio stations; table of assignments: California, 26808 01-12086 Georgia, 26807 01-12088 Missouri, 26806 01-12091 Various States, 26806-26808 01-12087 01-12090 PROPOSED RULES Radio stations; table of assignments: Florida, 26825-26826 01-12164 Minnesota, 26825 01-12089 Various states, 26826-26827 01-12163 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Iowa, 26854-26855 01-12159 Kansas, 26855 01-12158 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Caledonia Generating, L.L.C., 26848-26849 01-12148 Enron Energy Services, Inc. et al., 26849 01-12146 Merchant Energy Group of the Americans, Inc., et al., 26849-26851 01-12182 NEO California Power LLC, 26851 01-12145 North West Rural Electric Cooperative, et al., 26851-26853 01-12144 Environmental statements; availability, etc.: Idaho Power Co., 26853-26854 01-12150 01-12151 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp., 26847-26848 01-12149 Commonwealth Edison Co., 26848 01-12183 Idaho Power Co. and IDACORP Energy Solutions, LP, 26848 01-12147 Federal Highway Federal Highway Administration NOTICES Meetings: Intelligent Transportation Society of America, 26909 01-12171 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 26855 01-12168 Banks and bank holding companies: Formations, acquisitions, and mergers, 26856 01-12167 Meetings; Sunshine Act, 26856 01-12316 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Wentachee Mountains Checker-Mallow, 26827-26828 01-12173 NOTICES Endangered and threatened species permit applications, 26877-26879 01-12004 01-12172 National Wildlife Refuge System: Mission, goals, and purposes— Policy, 26879 01-12215 Food Food and Drug Administration NOTICES Human drugs: Patent extension; regulatory review period determinations— Xenical, 26866-26867 01-12093 Reports and guidance documents; availability, etc.: Drug producers registration and drug listing in commercial distribution; industry guidance, 26867-26868 01-12179 Veterinary Medicinal Products, International Cooperation on Harmonisation of Technical Requirements for Registration— Registration of Veterinary Medicinal Products; good clinical practice, 26868-26869 01-12092 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Definitions Correction, 27011-27012 01-12214 Health Health and Human Services Department See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Vital and Health Statistics National Committee, 26856 01-12211 Reports and guidance documents; availability, etc.: Ethical and policy issues in international research; clinical trials in developing countries, 26856-26866 01-12142 Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 26869 01-12203 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Special Projects of National Significance— HIV Outreach and Intervention Model Development; Evaluation and Program Support Center; correction, 26869 01-12180 Meetings: Maternal and Child Health Research Grants Review Committee, 26869-26870 01-12181 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Excise taxes: Charitable organization; failure to meet certain qualification requirements, 26824 01-12221 Income taxes: Capitalization of interest and carrying charges properly allocable to straddles, 26823 01-12222 Procedure and administration: Civil tax proceedings; attorney's fees and other costs based upon qualified offers, 26824 01-12223 International International Trade Administration NOTICES Antidumping: Oil country tubular goods from— Mexico, 26830-26831 01-12213 Spring table grapes from — Chile and Mexico, 26831-26835 01-12212 Justice Justice Department See Juvenile Justice and Delinquency Prevention Office Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Grants and cooperative agreements; availability, etc.: Missing and Exploited Children's Program, 26881-26885 01-12116 Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: New Mexico, 26879-26880 01-12154 Resource management plans, etc.: New Mexico, 26880-26881 01-12155 Withdrawal and reservation of lands: New Mexico, 26881 01-12153 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Definitions Correction, 27011-27012 01-12214 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Safety performance standards program; vehicle regulatory program, 26909-26910 01-12170 Motor vehicle defect proceedings; petitions, etc.: Nash, Carl E.; petition denied, 26910-26911 01-12193 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 26870 01-12123 Inventions, Government-owned; availability for licensing, 01-12124 01-12125 26871-26872 01-12126 Meetings: National Center for Complementary & Alternative Medicine, 26872-26873 01-12119 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 26873 01-12121 National Institute of Environmental Health Sciences, 26873 01-12118 National Institute of Neurological Disorders and Stroke, 26873-26874 01-12122 Scientific Review Center, 26874 01-12120 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic zone— American Fisheries Act; emergency revisions; correction, 26808-26809 01-12217 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic zone— Bering Sea and Aleutian Islands and Gulf of Alaska groundfish; Steller sea lion protection measures, 26828-26829 01-12218 Marine mammals: Incidental taking— Naval activities; surveillance toward array sensor system low frequency activesonar; incidental harassment, 26828 01-12082 Ocean and coastal resource management: Marine sanctuaries— Flower Garden Banks National Marine Sanctuary, TX; anchoring prohibitions, 26822-26823 01-12220 NOTICES Grants and cooperative agreements; availability, etc.: Chesapeake Bay stock assessments to encourage research projects for improvement in Chesapeake Bay fishery stock conditions, 26836-26841 01-12219 Meetings: New England Fishery Management Council, 26841 01-12216 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 26885 01-12386 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: PSEG Nuclear LLC, 26885-26886 01-12191 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 26791-26793 01-12198 NOTICES Multiemployer plans: Interest rates and assumptions, 26886-26887 01-12199 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission PROPOSED RULES Securities: Form 1-N, registration of national securities exchanges and limited purpose national securities associations, 26977-27005 01-12131 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 26887-26889 01-12133 Chicago Board Options Exchange, Inc., 26889-26890 01-12135 National Association of Securities Dealers, Inc., 26890-26895 01-12134 01-12189 National Securities Clearing Corp., 26895-26898 01-12136 01-12138 New York Stock Exchange, Inc., 26898-26901 01-12137 Philadelphia Stock Exchange, Inc., 26901-26903 01-12132 State State Department NOTICES Meetings: Shipping Coordinating Committee, 26903-26904 01-12210 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Mental Health Services Center— National Advisory Council, 26874 01-12096 SAMHSA Advisory Committees, 26874-26876 01-12094 SAMHSA National Advisory Council, 26876 01-12095 Substance Abuse Prevention Center— National Advisory Council, 26876-26877 01-12098 Substance Abuse Treatment Center— National Advisory Council, 26877 01-12097 Women's Services Advisory Council, 26877 01-12099 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 26904 01-12359 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Meetings: Industry Sector Advisory Committees— Services, 26904 01-12143 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Transportation Statistics Bureau NOTICES Aviation proceedings: Agreements filed; weekly receipts, 26905 01-12113 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 26905 01-12112 Transportation Transportation Statistics Bureau NOTICES Meetings: Transportation Statistics Advisory Council, 26911 01-12194 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Customs Service See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 26913-26939 01-11564 Part III Department of Transportation, Federal Aviation Adminstration, 26941-26946 01-12105 Part IV Department of Transportation, Federal Aviation Adminstration, 26947-26953 01-12103 Part V Department of Transportation, Federal Aviation Adminstration, 26955-26961 01-12102 Part VI Department of Transportation, Federal Aviation Adminstration, 26963-26970 01-12100 01-12101 Part VII Department of Transportation, Federal Aviation Adminstration, 26971-26975 01-12106 Part VIII Securties and Exchange Commission, 26977-27005 01-12131 Part IX Environmental Protection Agency, 27007-27010 01-12207 Part X Department of Defense, General Services Administration, National Aeronautics and Space Administration, 27011-27012 01-12214 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. 66 94 Tuesday, May 15, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1260 [No. LS-98-005] Amendment to the Beef Promotion and Research Rules and Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule will amend the Beef Promotion and Research Rules and Regulations (Rules and Regulations) issued under the Beef Promotion and Research Act of 1985 (Act), to clarify requirements for documenting cattle sales transactions for which no assessments are due. This amendment specifically requires the timely filing of Statement of Certification of Non-Producer Status forms to obtain exemption from assessment. Based upon comments received, this final rule reflects changes made to the amendments as proposed. EFFECTIVE DATE: July 16, 2001. FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief; Marketing Programs Branch, Room 2627-S; Livestock and Seed Program; Agricultural Marketing Service, USDA; STOP 0251; 1400 Independence Avenue, SW.; Washington, DC 20250-0251. Telephone number 202/720-1115. SUPPLEMENTARY INFORMATION: Executive Orders 12866 and 12988; the Regulatory Flexibility Act; and the Paperwork Reduction Act This final rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have a retroactive effect. Section 11 of the Act (7 U.S.C. 2910) provides that nothing in the Act may be construed to preempt or supersede any other program relating to beef promotion organized and operated under the laws of the United States or any State. There are no administrative proceedings that must be exhausted prior to any judicial challenge to the provisions of this rule. Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), AMS has considered the economic impact of this final rule on small entities. The purpose of RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly burdened. The Agricultural Marketing Service

(AMS)has determined that this final rule will not have a significant economic impact on a substantial number of small business entities. In the January 26, 2001, issue of “Cattle,” the Department of Agriculture's (Department) National Agricultural Statistics Service estimates that in 2000 there were 1.1 million cattle operations in the United States. The majority of these operations subject to the Beef Promotion and Research Order (Order), 7 U.S.C. 1260.101 *et seq.* , are considered small businesses under the criteria established by the Small Business Administration. This final rule imposes no new burden on the industry as it merely clarifies the timing for filing of the Statement of Certification of Non-Producer Status forms when no assessment is due on cattle sales transactions. The regulations provide for certification of non-producer status for certain transactions. This action specifies the time of filing of the Statement of Certification of Non-Producer Status forms in order to obtain an exemption from paying assessments. In compliance with the Office of Management and Budget

(OMB)regulations [5 CFR Part 1320] which implements the Paperwork Reduction Act [44 U.S.C. 3501 *et seq.* ], the information collection requirements contained in this final rule have been previously approved by OMB and were assigned OMB control number 0581-0093. Background The Act authorizes the establishment of a national beef promotion and research program. The Order and the Rules and Regulations govern the administration of the program. The program is administered by the Cattlemen's Beef Promotion and Research Board (Board) that is composed of 110 cattle producers and importers. The program is funded by a $1-per-head assessment on producer marketings of cattle in the United States, cattle imported into the United States, and an equivalent amount on imported beef and beef products. In 45 States, Qualified State Beef Councils

(QSBC)collect the assessments remitted under the program. QSBCs retain up to half of the assessments they collect for State-directed programs and remit the remainder to the Board. The Board receives all producer assessments in five States with relatively small cattle numbers that do not have QSBCs and all assessments on imported cattle, beef, and beef products. The domestic assessment, due each time cattle are sold by a producer, is collected by the buyer or “collecting person” for remittance to the Board or QSBC. The term “producer” is defined in the Order as follows: “Producer means any person who owns or acquires ownership of cattle; provided, however, that a person shall not be considered a producer within the meaning of this subpart if

(a)the person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee; or

(b)the person

(1)acquired ownership of cattle to facilitate the transfer of ownership of such cattle from the seller to a third party,

(2)resold such cattle no later than 10 days from the date on which the person acquired ownership, and

(3)certified, as required by regulations prescribed by the Board and approved by the Secretary, that the requirements of this provision have been satisfied.” 7 CFR 1260.116. When a person who is not a producer, under the above definition, sells cattle within 10 days of the date the person purchased the cattle, the collecting person is not required to collect the $1 assessment from that person (seller), if the seller provides the collecting person with a Statement of Certification of Non-Producer Status on a form approved by the Board and the Secretary. Although, the majority of non-producers provide collecting persons with a Statement of Certification of Non-Producer Status “at the time of sale,” the Rules and Regulations do not specify when the Statement of Certification of Non-Producer Status form is due. Board audits of collecting persons' accounting records have revealed transactions in which neither the $1 assessment, nor the Statement of Certification of Non-Producer Status required in lieu of the assessment, was obtained from the seller of the cattle by the collecting person for the transaction. For the purpose of making it clear that the Statement of Certification of Non-Producer Status form must be filed with the collecting person in a timely manner, it was proposed that § 1260.314(b) of the Rules and Regulations be amended to read as follows: “(b) Each person seeking non-producer status pursuant to § 1260.116 of this part shall provide to the collecting person on a form approved by the Board and the Secretary a Statement of Certification of Non-Producer Status at the time the collecting person makes payment to the seller of cattle, in lieu of the assessment that would otherwise be due. If the collecting person is a brand inspector, as provided for in § 1260.311, the seller of cattle must provide to the brand inspector a Statement of Certification of Non-Producer Status at the time the physical brand inspection is completed in lieu of the assessment that would otherwise be due.” On August 28, 1998, AMS published in the **Federal Register** (63 FR 45971) for public comment a proposed rule providing for the above amendment to § 1260.314(b) of the Rules and Regulations. The Department received two comments concerning the proposed rule. A summary of the comments and the Department's responses are set forth below. The first commenter urged the Department to withdraw the proposed revisions to the timely filing of Statements of Certification of Non-Producer Status forms. The commenter asserted that the proposed rule lacks merit because the Department and the Board have failed to demonstrate any real need for the revisions to the filing of Statements of Certification of Non-Producer Status. The Department does not agree with the commenter's assertion. The revisions to the Rules and Regulations are necessary to clarify that documentation of non-producer status is required in conjunction with the transactions. Board audits have revealed that some collecting persons believe the current language permits documentation to be developed months or years after the transactions occurred. The revisions in this final rule are needed to clarify the Rules and Regulations and to ensure compliance with them. The commenter also asserted that the revisions to the timely filing of Statements of Certification on Non-Producer Status forms could result in confusion and enforcement problems for the marketing sector. The Department believes that the revisions to § 1260.314 in this final rule will not result in any confusion and enforcement problems for the marketing sector. In fact, as discussed further below, the revisions clarify when the Statement of Certification of Non-Producer Status is to be filed. The commenter stated that groups representing “collecting persons” were not consulted prior to development and publication of the proposed rule. The proposed rule was promulgated in accordance with the provisions of the Administrative Procedure Act, and all members of the public were given a 60-day period to submit comments. The commenter further stated that the Board “needs to address the real problems and issues of the beef checkoff.” The commenter did not give any further explanation for what was meant by this statement. Finally, the commenter objected to the proposed requirement that the Statement of Certification of Non-Producer Status be filed at the time payment is made to the seller. The commenter stated that in many transactions the seller is not physically present when payment is made by auction markets, dealers, order buyers, feedlots, and packers. The commenter suggested that the final rule take into account current marketing practices, including mailing delays that would prevent filing of the Statement of Certification of Non-Producer Status until several days after payment is made. The Department believes that the commenter's suggestion has merit. Accordingly, § 1260.314 is revised in this final rule to specify that if the seller is not physically present during a cattle sales transaction in which the seller claims non-producer status, such seller shall deliver to the collecting person an original Statement of Certification of Non-Producer Status within 10 business days of the date the collecting person makes payment to the seller of the cattle. The second commenter supported the proposed revisions to the Rules and Regulations, and suggested adding language to § 1260.314 to reflect procedures used in several brand inspected States that do not require Statement of Certification of Non-Producer Status forms from those reselling cattle within 10 days of purchase. The Department agrees with the commenter's suggestion. Several brand inspected States require a brand inspection certificate which shows that the assessment has been deducted less than 10 days prior to resale. Since brand inspection certificates provide documentation acceptable to the Board and the Department that the assessment has been paid less than 10 days prior to resale, it serves as proof of non-producer status under § 1260.314. Consequently, a non-producer status form is not required in these transactions. Section 1260.314 has been revised accordingly in this final rule. List of Subjects in 7 CFR Part 1260 Advertising, Agricultural research, Imports, Marketing agreements, Meat and meat products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble 7 CFR part 1260 is amended as follows: PART 1260—BEEF PROMOTION AND RESEARCH 1. The authority citation of part 1260 continues to read as follows: Authority: 7 U.S.C. 2901 *et seq.* 2. Section 1260.314 is amended by redesignating paragraph

(c)as paragraph (e), revising paragraph (b), and adding two new paragraphs

(c)and

(d)to read as follows: § 1260.314 Certification of non-producer status for certain transactions.

(b)Each person seeking non-producer status pursuant to § 1260.116 shall provide the collecting person, on a form approved by the Board and the Secretary, with a Statement of Certification of Non-Producer Status at the time the collecting person makes payment to the seller of cattle, in lieu of the assessment that would otherwise be due, except as provided for in paragraphs

(c)and

(d)of this section.

(c)When the seller of cattle is not physically present during a sales transaction in which the seller claims non-producer status, such seller shall deliver to the collecting person an original Statement of Certification of Non-Producer Status within 10 business days of the date the collecting person makes payment to the seller of the cattle.

(d)If the collecting person is a brand inspector, as provided for in § 1260.311, the seller of cattle claiming non-producer status shall provide to the brand inspector at the time the physical brand inspection is completed, in lieu of the assessment that would otherwise be due, either: a Statement of Certification of Non-Producer Status or a valid brand inspection certificate which shows collection of the assessment by a brand inspector in a transaction which took place not more than 10 days prior to the sale of the cattle. Dated: May 9, 2001. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 01-12141 Filed 5-14-01; 8:45 am]

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