Unknown. Final rule

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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-2002-03-20.xml --- 67 54 Wednesday, March 20, 2002 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agricultural Agricultural Marketing Service NOTICES Apple juice from concentrate; grade standards, 12958 02-6691 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service PROPOSED RULES Equal Access to Justice Act; implementation, 12898-12903 02-6516 Air Force Air Force Department NOTICES Meetings:

Scientific Advisory Board, 12978 02-6679 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Bovine spongiform encephalopathy; disease status change— Austria, 12833-12834 02-6693 Finland, 12831-12832 02-6692 Army Army Department NOTICES Environmental statements; availability, etc.: Makua Military Reservation, Oahu, HI; military training activities, 12978-12979 02-6687 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 12995-12996 02-6680 Meetings: National Vaccine Advisory Committee, 12996 02-6681 Reports and guidance documents; availability, etc.: Human exposure to environmental chemicals, national report; proposed criteria for selecting new chemicals to appear in future releases, 12996-12997 02-6624 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 02-6751 12997-12999 02-6752 02-6753 02-6756 Coast Guard Coast Guard RULES Ports and waterways safety:

Long Beach, CA; safety zone, 12873-12874 02-6647 Regattas and marine parades: St. Mary's Seahawk Sprint, 12871-12872 02-6646 PROPOSED RULES Ports and waterways safety: Nahant Bay, Lynn, MA; safety zone, 12945-12947 02-6762 Naval Vessel Protection Zones, 12940-12943 02-6766 New London, CT; safety zone, 12943-12945 02-6765 Oahu, Maui, Hawaii, and Kauai, HI; anchorages and security zones, 12938-12940 02-6733 Potomac River, Washington Channel, Washington, DC; security zone, 12947-12949 02-6764 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Quota and visa requirements; products entered as sets, 12977-12978 02-6804 Commodity Commodity Credit Corporation RULES Loan and purchase programs: Tobacco Loss Assistance Program, 12829-12831 02-6711 Consumer Consumer Product Safety Commission PROPOSED RULES Upholstered furniture flammability; regulatory options; meeting, 12916-12918 02-6633 Customs Customs Service RULES Merchandise entry: Steel products; payment of duties, 12860-12861 02-6807 NOTICES Uruguay Round Agreements Act (URAA):

Foreign entities violating textile transshipment and country of origin rules; list, 13042-13044 02-6659 Defense Defense Department See Air Force Department See Army Department RULES Federal Acquisition Regulation (FAR): Commercial items— Solicitation/contract/order (SF 1449), 13048-13052 02-5820 Contract action and contracting action; definitions, 13052-13054 02-5821 Helium acquisition, 13063-13065 02-5824 HUBZone Program applicability, 13064-13066 02-5825 Introduction, 13047-13049 02-5819 Labor clauses; application, 13065-13067 02-5826 Procurement integrity rewrite, 13056-13063 02-5823 Sealed bid and negotiated procurements; definitions, 13053-13057 02-5822 Small entity compliance guide, 13067-13069 02-5828 Technical amendments, 13066-13068 02-5827 PROPOSED RULES Closures and realignment:

Munitions response site prioritization protocol; development, 12937-12938 02-6419 Federal Acquisition Regulation (FAR): Commercial items— Contract terms and conditions required to implement statute or Executive orders, 13075-13077 02-6514 Miscellaneous cost principles, 13071-13073 02-6107 Prohibited sources, 13079-13081 02-6515 Employment Employment and Training Administration NOTICES Adjustment assistance: International Paper Co., 13013-13014 02-6668 LTV Steel et al., 13014-13015 02-6662 Parallax Power Components LLC, 13015 02-6667 SGL Carbon Group, 13016 02-6669 Universal Furniture Ltd., 13016 02-6665 Valley City Steel et al., 13016-13018 02-6664 Adjustment assistance and NAFTA transitional adjustment assistance:

Nedec America Corp./Power General et al., 13010-13012 02-6672 Steel Group et al., 13012-13013 02-6670 NAFTA transitional adjustment assistance: Chambersburg Engineering Co., 13018 02-6671 Outboard Marine Corp., 13018 02-6663 Parallax Power Components LLC, 13018 02-6666 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: EPCOR Merchant & Capital

(US)Inc., 12979-12980 02-6686 Meetings: Worker Advocacy Advisory Committee, 12980 02-6763 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Fire suppression substitutes for ozone-depleting substances; restrictions removal; list of substitutes; correction, 12874-12875 02-6722 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Isoxadifen-ethyl, 12875-12879 02-6727 Toxic substances: Significant new uses— Propanedioic-acid etc., 12879-12882 02-6726 Substituted carboheterocyclic butane tetracarboxylate, etc., 12882-12885 02-6725 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 12949 02-6721 Radiation protection programs: Idaho National Engineering and Environmental Laboratory— Transuranic radioactive waste for disposal at Waste Isolation Pilot Plant; waste characterization program documents availability, 12949-12950 02-6844 Toxic substances: Significant new uses— Neodecaneperoxoic acid, etc., 12950-12953 02-6724 NOTICES Agency information collection activities: Proposed collection; comment request, 12988-12990 02-6723 Pesticide, food, and feed additive petitions: Syngenta Crop Protection, Inc., 12990-12993 02-6615 Executive Executive Office of the President NOTICES Agency information collection activities: Proposed collection; comment request, 12993 02-6716 FAA Federal Aviation Administration RULES Airworthiness directives: CFM International, S.A.; correction, 12859 02-6530 Eurocopter France, 12856-12859 02-6626 02-6627 Rolls-Royce, plc; correction, 12859-12860 02-6531 PROPOSED RULES Airworthiness directives: Air Tractor, Inc., 12914-12916 02-6628 Bombardier, 12908-12910 02-6630 Rockwell Collins, Inc., 12910-12914 02-6629 Airworthiness standards: Special conditions— Airbus Industrie Model A340-500/-600 airplanes, 12903-12907 02-5876 NOTICES Exemption petitions; summary and disposition, 13033-13035 02-6649 02-6650 Meetings: Government/Industry Aeronautical Charting Forum, 13035-13036 02-6652 Passenger facility charges; applications, etc.: Cleveland Hopkins International Airport and Burke Lakefront Airport, OH, 13036 02-6651 Lubbock International Airport, TX, 13036-13037 02-6648 New Orleans International Airport, LA, 13037-13038 02-6759 FCC Federal Communications Commission PROPOSED RULES Radio stations; table of assignments: Arizona, 12953 02-6377 Federal Election Federal Election Commission RULES Independent expenditure reporting, 12834-12840 02-6719 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Trans-Elect, Inc., et al., 12984-12987 02-6653 Environmental statements; availability, etc.: Columbia Gas Transmission Corp., 12987 02-6695 Hydroelectric applications, 12987-12988 02-6699 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 12980-12981 02-6696 Eastern Shore Natural Gas Co., 12981 02-6705 Gulf South Pipeline Co., LP, 12981-12982 02-6701 02-6703 Minnesota Municipal Power Agency, 12982 02-6697 Overthrust Pipeline Co., 12982-12983 02-6700 PG&E Gas Transmission, Northwest Corp., 12983 02-6694 Reliant Energy Gas Transmission Co., 12983 02-6704 Southern LNG, Inc., 12983 02-6702 Yakima Nation, 12984 02-6698 Federal Highway Federal Highway Administration RULES Right-of-way and environment: Real estate program administration; relocation assistance benefits, 12861-12863 02-6760 NOTICES Environmental statements; notice of intent: Waukesha County, WI, 13038 02-6631 Weber County, UT, 13038-13039 02-6685 Federal Housing Federal Housing Finance Board RULES Agency regulations reorganization; technical amendments, 12841-12856 02-5462 FMC Federal Maritime Commission NOTICES Agreements; additional information requests: Westbound Transpacific Stabilization Agreement, 12993-12994 02-6744 Agreements filed, etc., 12993 02-6746 Ocean transportation intermediary licenses: AJ International Shipping/Logistics, Inc., et al., 12994 02-6743 Inter-Connect Transportation, Inc., et al., 12994-12995 02-6745 Federal Railroad Federal Railroad Administration NOTICES Environmental statements; notice of intent: Los Angeles to San Diego rail corridor, CA; passenger rail improvements, 13039-13040 02-6644 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 12995 02-6637 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Balcones Canyonlands National Wildlife Refuge, TX, 13001-13003 02-6768 Endangered and threatened species: Rio Grande cutthroat trout, 13005-13006 02-6682 Endangered and threatened species and marine mammal permit applications, 13003-13004 02-6729 Endangered and threatened species permit applications, 13004-13005 02-6683 02-6731 Marine mammal permit applications, 13006-13007 02-6728 02-6730 Meetings: Battle of Midway National Memorial Advisory Committee, 13007 02-6734 Food Food and Drug Administration PROPOSED RULES Food for human consumption: Food labeling— Raw fruits, vegetables, and fish; voluntary nutrition labeling; 20 most frequently consumed raw fruits, vegetables, and fish, identification, 12918-12937 02-6709 NOTICES Reports and guidance documents; availability, etc.: Electronic records and signatures; time stamps, 12999 02-6623 Forest Forest Service NOTICES Environmental statements; notice of intent: Medicine Bow-Routt National Forests, WY, 12958-12959 02-6674 Shawnee National Forest, IL, 12960-12963 02-6678 Wasatch-Cache National Forest, UT, 12963-12964 02-6677 Meetings: Opal Creek Scenic Recreation Area Advisory Council, 12964 02-6673 Oregon Coast Provincial Advisory Committee, 12964-12965 02-6676 Southwest Washington Provincial Advisory Committee, 12965 02-6675 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Commercial items— Solicitation/contract/order (SF 1449), 13048-13052 02-5820 Contract action and contracting action; definitions, 13052-13054 02-5821 Helium acquisition, 13063-13065 02-5824 HUBZone Program applicability, 13064-13066 02-5825 Introduction, 13047-13049 02-5819 Labor clauses; application, 13065-13067 02-5826 Procurement integrity rewrite, 13056-13063 02-5823 Sealed bid and negotiated procurements; definitions, 13053-13057 02-5822 Small entity compliance guide, 13067-13069 02-5828 Technical amendments, 13066-13068 02-5827 PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial items— Contract terms and conditions required to implement statute or Executive orders, 13075-13077 02-6514 Miscellaneous cost principles, 13071-13073 02-6107 Prohibited sources, 13079-13081 02-6515 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Community Access Program, 13000-13001 02-6707 Historic Historic Preservation, Advisory Council NOTICES Reports and guidance documents; availability, etc.: Wherry and Capehart era housing; inventory management; program comment, 12956-12958 02-6706 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 13009 02-6717 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Navajo Nation, AZ, 13007-13008 02-6738 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service RULES Organization, functions, and authority delegations: Hearings and Appeals Office; address change Correction, 12885 02-6658 IRS Internal Revenue Service RULES Income taxes: Hedging transactions, 12863-12871 02-6622 International International Trade Administration NOTICES Antidumping: Circular welded non-alloy steel pipe from— Mexico, 12965-12966 02-6741 Non-malleable cast iron pipe fittings from— China, 12966-12968 02-6739 Persulfates from— China, 12969 02-6740 Committees; establishment, renewal, termination, etc.: Industry Sector and Functional Advisory Committees for Trade Policy Matters, 12969-12970 02-6660 Justice Justice Department See Immigration and Naturalization Service See Justice Programs Office See Juvenile Justice and Delinquency Prevention Office Justice Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 13009 02-6639 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Coalition for Juvenile Justice, 13009-13010 02-6638 Labor Labor Department See Employment and Training Administration See Pension and Welfare Benefits Administration Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 13021-13024 02-6684 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Commercial items— Solicitation/contract/order (SF 1449), 13048-13052 02-5820 Contract action and contracting action; definitions, 13052-13054 02-5821 Helium acquisition, 13063-13065 02-5824 HUBZone Program applicability, 13064-13066 02-5825 Introduction, 13047-13049 02-5819 Labor clauses; application, 13065-13067 02-5826 Procurement integrity rewrite, 13056-13063 02-5823 Sealed bid and negotiated procurements; definitions, 13053-13057 02-5822 Small entity complinace guide, 13067-13069 02-5828 Technical amendments, 13066-13068 02-5827 PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial items— Contract terms and conditions required to implement statute or Executive orders, 13075-13077 02-6514 Miscellaneous cost principles, 13071-13073 02-6107 Prohibited sources, 13079-13081 02-6515 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 13024-13026 02-6636 Nixon Presidential historical materials; opening of materials, 13026 02-6635 National National Council on Disability NOTICES Meetings: Youth Advisory Committee, 13026-13027 02-6737 NOAA National Oceanic and Atmospheric Administration RULES International fisheries regulations: Pacific halibut— Catch sharing plans, 12885-12897 02-6567 NOTICES Grants and cooperative agreements; availability, etc.: Monitoring and Event Response for Harmful Algal Blooms Program, 12971-12976 02-6747 Meetings: Atlantic Highly Migratory Species and Atlantic Billfish Advisory Panels, 12976 02-6712 New England Fishery Management Council, 12976-12977 02-6749 Pacific Fishery Management Council, 12977 02-6750 National Park National Park Service NOTICES Native American human remains and associated funerary objects: Effigy Mounds National Monument Harpers Ferry, IA— Inventory from various mounds within Effigy Mounds National Monument, IA; correction, 13008-13009 02-6634 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 13027 02-6688 Reports and guidance documents; availability, etc.: Boiling water reactors; post accident sampling requirements elimination; model application, 13027-13029 02-6690 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 13027 02-6689 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; class exemptions: Authorized transactions between plans and parties in interest, 13019-13021 02-6770 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Research Research and Special Programs Administration NOTICES Hazardous materials: Exemption applications delayed; list, 13040-13041 02-6761 SEC Securities and Exchange Commission NOTICES Securities: Suspension of trading— A.C.L.N., Ltd., 13029 02-6819 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 13029-13030 02-6642 Municipal Securities Rulemaking Board, 13030-13031 02-6715 New York Stock Exchange, Inc., 13031-13033 02-6641 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel; teleconferences, 13033 02-6816 State State Department NOTICES Implementation Monitoring Committee; assistance: Burundi peace process implementation, 13033 02-6720 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Wisconsin & Southern Railroad Co., 13041-13042 02-6593 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency information collection activities: Proposed collection; comment request, 13044 02-6640 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration PROPOSED RULES Aviation security infrastructure fees, 12954-12955 02-6852 Treasury Treasury Department See Customs Service See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Meetings: Education Advisory Committee, 13044-13045 02-6769 Privacy Act: Computer matching programs, 13045 02-6632 Separate Parts In This Issue Part II Defense Department; General Services Administration; National Aeronautics and Space Administration, 13047-13069 02-5819 02-5820 02-5821 02-5822 02-5823 02-5824 02-5825 02-5826 02-5827 02-5828 Part III Defense Department; General Services Administration; National Aeronautics and Space Administration, 13071-13073 02-6107 Part IV Defense Department; General Services Administration; National Aeronautics and Space Administration, 13075-13077 02-6514 Part V Defense Department; General Services Administration; National Aeronautics and Space Administration, 13079-13081 02-6515 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. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 54 Wednesday, March 20, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1464 RIN 0560-AG61 Tobacco Loss Assistance Program 2001 AGENCY: Commodity Credit Corporation. ACTION: Final rule. SUMMARY: This final rule implements agricultural market assistance provisions of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002, that relate to tobacco. This rule will mitigate the reduction in the tobacco quotas of the eligible producers. DATES: Effective March 1, 2002. FOR FURTHER INFORMATION CONTACT: Ann Wortham, Agricultural Program Specialist, Tobacco Branch, FSA, USDA, STOP 0514, 1400 Independence Avenue, SW, Washington, DC 20250-0540, Telephone:

(202)720-2715. SUPPLEMENTARY INFORMATION: Notice and Comment Section 774 of Pub. L. 107-76 requires that the regulations necessary to implement Title VIII, Subtitle A of Pub. L. 107-76 be issued as soon as practicable and without regard to the notice and comment provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 FR 13804) relating to notices of proposed rulemaking and public participation in rulemaking. This rule relates to tobacco assistance and implements the provisions of Subtitle A. Executive Order 12866 This final rule is issued in conformance with Executive Order 12866 and has been designated as “not significant.” The title and number of the Federal assistance program, as found in the Catalog of Federal Domestic Assistance, to which this final rule applies is: 10.452—Disaster Reserve Assistance. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this rule because the United States Department of Agriculture

(USDA)is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. Environmental Evaluation It has been determined by an environmental evaluation that this action will have no significant impact on the quality of the human environment. Therefore, neither an environmental assessment nor an Environmental Impact Statement is needed. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). Unfunded Mandates This rule contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)for State, local and tribal governments or the private sector. Therefore this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Paperwork Reduction Act This rule does not impact the information collection requirements of 7 CFR 1464 approved by OMB and assigned OMB control numbers 0560-0047 and 0560-0076. Discussion of Final Rule This Final Rule will implement requirements of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act 2002 (Pub. L. 107-76), which relate to agricultural market assistance for agricultural producers. Section 774 of Pub. L. 107-76 authorizes the Secretary of Agriculture (the Secretary) to use funds of the Commodity Credit Corporation

(CCC)to make payments to eligible persons who own, control or grow tobacco on a farm for which a basic quota or allotment for eligible tobacco was established for the 2001 crop year under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938. This eligibility is not affected by temporary transfers or undermarketed tobacco. Outlays under the programs implemented by this rule will total approximately $5 million. Most tobacco operations are small family-owned affairs and to the extent that the $5 million payment to producers and quota-holders defrays tobacco production costs, the Tobacco Loss Assistance Program 2001 (TLAP01) will enhance their solvency. In the short-term, the cost to the government roughly equals the benefits paid to the producers. In the longer term, to the extent that these disaster payments protect producers from bankruptcy, the payments may stabilize the small farm economy and thereby help achieve the public policy objective of the tobacco program. A March 1 effective date for this rule was chosen to provide flexibility in the event of a delay in publication of the rule. List of Subjects in Part 1464 Tobacco Loans, Warehouse Losses, Reporting and record keeping requirements. Accordingly, Title 7, Part 1464 is amended as follows: PART 1464—TOBACCO 5. The authority citation for 7 CFR part 1464 continues to read as follows: **Authority:** 7 U.S.C. 1421, 1423, 1441, 1445, 1445-1 and 1445-2; 15 U.S.C. 714b, 714c. 6. Add subpart F to read as follows: Subpart F—Tobacco Loss Assistance Program 2001 Sec. 1464.500 [Reserved] 1464.501 Applicability and basic terms for payment. 1464.502 Administration. 1464.503 Definitions. 1464.504 Eligibility. 1464.505 Signup. 1464.506 [Reserved] 1464.507 Benefits. 1464.508 [Reserved] 1464.509 Offsets and assignments. 1464.510 Misrepresentation and scheme or device. 1464.511 [Reserved] 1464.512 Cumulative liability. 1464.513 Estate, trusts, and minors. 1464.514 Death, incompetence, or disappearance. 1464.515 Appeals. § 1464.500 [Reserved] § 1464.501 Applicability and basic terms for payment.

(a)This subpart sets forth the terms and conditions of the Tobacco Loss Assistance Program 2001 (TLAP01), authorized by Pub. L. 107-76, which provides that funds of the Commodity Credit Corporation

(CCC)be made available to certain persons whose farms had established marketing quotas or allotments for the 2001 crop year.

(b)Subject to the availability of funds, payments for this program shall be divided among eligible persons as follows: 33 1/3 percent of the payments will be made to quota owners; 33 1/3 percent of the payments will be made to controllers; and 33 1/3 percent of the payments will be made to growers. § 1464.502 Administration.

(a)This subpart shall be administered by CCC under the general supervision of the Executive Vice President, CCC (Administrator, FSA) and shall be carried out in the field by State and county FSA committees (State and county committees, respectively).

(b)State and county committees, and representatives and employees thereof, do not have the authority to modify or waive any of the provisions of the regulations in this part.

(c)The State committee shall take any action required by these regulations that has not been taken by the county committee. The State committee shall also:

(1)Correct, or require a county committee to correct, an action taken by such county committee that is not in accordance with the regulations of this part.

(2)Require a county committee to withhold taking any action that is not in accordance with the regulations of this part.

(d)No provision or delegation herein to a State or county committee shall preclude the Executive Vice President, CCC, or a designee or the Administrator, FSA, or a designee, from determining any question arising under the program or from reversing or modifying any determination made by a State or county committee.

(e)The Deputy Administrator for Farm Programs, FSA, may authorize State and county committees to waive or modify deadlines and other program requirements in cases where lateness or failure to meet such other requirements does not affect adversely the operation of the program. § 1464.503 Definitions. The definitions set forth in this section shall be applicable for all purposes of administering the Tobacco Loss Assistance Program of this subpart. The terms defined in §§ 718.2 or 723.104 of this title shall also be applicable, except where those definitions conflict with the definitions set forth in this subpart. The following terms shall have the following meanings: *Deputy Administrator* means the Deputy Administrator for Farm Programs, Farm Service Agency (FSA), or a designee. *Controller* means, taking into account temporary transfers, that person or entity who, as determined by the Deputy Administrator, controls the land used to actually produce the eligible tobacco and shares in the risk of production. *Eligible person* means with respect to payments under this part, a person who owns, controls, or grows tobacco on a farm for which a marketing quota or allotment was established under the Agricultural Adjustment Act of 1938 for the 2001 crop year. *Eligible tobacco* means each of the following kinds of tobacco: fire-cured tobacco, comprising types 22 and 23; dark air-cured tobacco, comprising types 35 and 36; and Virginia sun-cured tobacco, comprising type 37. *Grower* means person(s) or entities who provide labor to produce tobacco and share in the risk of production during the relevant period taking into account temporary transfers. *Payment pounds* means the pounds of tobacco for which a person is eligible to be paid under this subpart. *Quota owner* means the person or entity who, for the relevant period, owns the land for which a quota is established under the Agricultural Adjustment Act of 1938, as amended, irrespective of temporary transfers or undermarketings. *Share in the risk of production* means having a direct financial stake in the success of the crop through a direct share in the actual proceeds from the actual marketing of the crop, which share is conditional upon the success of that marketing. Farm owners who lease their farm land to a tobacco grower for the right to grow tobacco on that land and receive a cash payment for such right, regardless of whether or not a tobacco crop is marketed, are not considered to share in the risk of production. Farm laborers who provide service in exchange for a wage and whose payment is not subject to the marketing of the tobacco crop are not considered to be sharing in the risk of production. *TLAP01* means the Tobacco Loss Assistance Program, for the 2001 crop, which is provided for in this subpart. § 1464.504 Eligibility For a person to be considered an “eligible person” under this subpart, such person must own, control, or grow eligible tobacco on a farm with an established “eligible tobacco” marketing quota or allotment for the 2001 crop year. § 1464.505 Sign up.

(a)Eligible persons who wish to apply for TLAP01 funds, must file an application with the county FSA office by the date established by CCC. However, an application filed late because of hardship may be accepted. Acceptance of such applications must be approved by the Deputy Administrator, subject to the availability of funds.

(b)Data furnished by the applicants will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, without it program benefits will not be provided. § 1464.506 [Reserved] § 1464.507 Benefits.

(a)TLAP01 payments shall be made to eligible persons not later than March 31, 2002 as follows:

(1)All fire-cured, dark air-cured and Virginia sun-cured tobacco funds will be distributed one-third to quota owners; one-third to the controller; and one-third to growers.

(2)The allocated funds will be disbursed to quota owners based on the 2001 crop year basic acreage allotment multiplied by National Agricultural Statistics Service

(NASS)yield, and to controllers and growers based on the 2001 crop effective allotment multiplied by the yields as specified in the authorizing legislation.

(b)The payment amount for each kind of eligible tobacco shall be equal to 10 cents per eligible payment pound distributed 1/3 to the eligible owner, 1/3 to the eligible controller (if any), and 1/3 to the eligible grower (if any). Persons who fit more than one category can accumulate shares.

(c)In the case where a payment to a farm is disputed CCC may require that all interested parties agree to the resolution of the dispute before any payment is made and may delay payments to that farm until any such disputes are resolved. Also, so that payments may be made expeditiously in a manner that is administratively efficient, CCC may in its sole discretion exclude payments to a person who does not file a timely claim. § 1464.508 [Reserved] § 1464.509 Offsets and assignments.

(a)Any payment or portion thereof made to any person under this subpart shall be made without regard to questions of title under State law and without regard to any claim or lien against the related crop, or proceeds thereof. The regulations governing offsets and withholdings found at part 1403 of this chapter shall be applicable to payments made under this part.

(b)Eligible persons may assign TLAP01 payments as provided in part 1404 of this chapter. § 1464.510 Misrepresentation and scheme or device.

(a)A producer who erroneously represents any fact affecting a program determination made in accordance with this part shall not be entitled to payments and must refund all payments, plus interest determined in accordance with part 1403 of this chapter.

(b)A producer who is determined to have knowingly:

(1)Adopted any scheme or device that tends to defeat the purpose of the program;

(2)Made any fraudulent representation; or

(3)Misrepresented any fact affecting a program determination, shall refund to CCC all payments received under this subpart, plus interest determined in accordance with part 1403 of this chapter. The subject producer's interest in all applications shall be terminated. § 1464.511 [Reserved] § 1464.512 Cumulative liability. The liability of any person for any penalty under this part or for any refund to CCC or related charge arising in connection therewith shall be in addition to any other liability of such person under any civil or criminal fraud statute or any other provision of law including, but not limited to, 18 U.S.C. 286, 287, 371, 641, 1001; 15 U.S.C. 714m; and 31 U.S.C. 3729. § 1464.513 Estates, trusts, and minors.

(a)Program documents executed by persons legally authorized to represent estates or trusts will be accepted only if such person furnishes evidence of the authority to execute such documents.

(b)A minor who is a producer shall be eligible for assistance under this subpart only if such person meets one of the following requirements:

(1)The right of majority has been conferred on the minor by court proceedings or by statute;

(2)A guardian has been appointed to manage the minor's property and the applicable program documents are executed by the guardian; or

(3)A bond is furnished under which the surety guarantees any loss incurred for which the minor would be liable had the minor been an adult. § 1464.514 Death, incompetence, or disappearance. In the case of death, incompetence, or disappearance, of any person who is eligible to receive assistance in accordance with this part, such person or persons specified in part 707 of this title may receive such assistance. § 1464.515 Appeals. The appeal, reconsideration, or review of determinations made under this part must be in accordance with parts 11 and 780 of this title. The eligibility provisions for kinds of tobacco under this subpart are not subject to appeal rights. Signed at Washington, DC, on March 8, 2002. James R. Little, Executive Vice President, Commodity Credit Corporation. [FR Doc. 02-6711 Filed 3-18-02; 9:46 am]

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