Unknown. Policy statement

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-09-24.xml --- 67 185 Tuesday, September 24, 2002 Contents Agricultural Agricultural Marketing Service RULES Federal Seed Act: Varietal labeling provisions; enforcement, 59769-59770 02-24186 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 59850-59851 02-24177 Children Children and Families Administration See Refugee Resettlement Office Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Mississippi, 59823 02-24176 Coast Guard Coast Guard RULES Vessels, harbors, and waterfront facilities; protection and security: Waterfront facility, definition; CFR correction, 59783 02-55521 NOTICES Meetings: National Boating Safety Advisory Council, 59873-59874 02-24199 National Offshore Safety Advisory Committee, 59874-59875 02-24218 Commerce Commerce Department See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Commodity Futures Trading Commission NOTICES Senior Executive Service:

Performance Review Board; membership, 59830 02-24226 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR): Contract closeout, 59799 02-24173 NOTICES Meetings: Science Board, 59830-59831 02-24188 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 02-24159 02-24219 59831-59833 02-24220 Grants and cooperative agreements; availability, etc.: Vocational and adult education— Adult Education and Family Literacy Act; programs reauthorization; meetings, 59833-59834 02-24250 Vocational and technical education programs;

Federal support reauthorization, 59834-59837 02-24251 Employment Employment and Training Administration RULES Aliens: Labor certification and petition process for temporary employment of nonimmigrant aliens in U.S. agriculture; Labor Department adjudication authority Withdrawn, 59779-59780 02-24189 PROPOSED RULES Aliens: Labor certification and petition process for temporary employment of nonimmigrant aliens in U.S. agriculture; fee structure modification; withdrawn, 59797 02-24190 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

X-ray and neutron facilities; enhanced research capabilities, 59837-59838 02-24214 Energy Energy Information Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 59838 02-24213 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Secondary aluminum production, 59787-59793 02-24227 Air quality implementation plans; approval and promulgation; various States: Kentucky, 59785-59787 02-24091 Reporting and recordkeeping requirements Technical amendment, 59783-59785 02-24229 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Kentucky, 59798-59799 02-24092 NOTICES Reports and guidance documents; availability, etc.: U.S.-Mexico Border 2012 Program; comment request, 59841-59843 02-24230 Farm Farm Service Agency RULES Special programs: Boll Weevil Eradication Loan Program, 59770-59773 02-24191 FAA Federal Aviation Administration RULES Airworthiness directives: Eurocopter France, 59777-59779 02-24181 Raytheon, 59775-59777 02-23880 Airworthiness standards: Special conditions— Raytheon Aircraft Co. Model HS.125 Series 700A airplanes, 59773-59775 02-24242 PROPOSED RULES Airworthiness directives:

MD Helicopters, Inc., 59794-59797 02-24182 NOTICES Passenger facility charges; applications, etc.: Bradford Regional Airport, PA, 59875-59876 02-24243 Durango-La Plata County Airport, CO, 59876 02-24244 FCC Federal Communications Commission NOTICES Agency information collection activities: Proposed collection; comment request, 59843-59844 02-24210 Federal Election Federal Election Commission PROPOSED RULES Coordinated and independent expenditures, 60041-60069 02-23813 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Colonial Pipeline Co., 59839 02-24193 Kern River Gas Transmission Co., 59839 02-24197 Northern Border Pipeline Co., 59839-59840 02-24198 Portland Natural Gas Transmission System, 59840 02-24196 Tennessee Gas Pipeline Co., 59840 02-24192 Transcontinental Gas Pipe Line Corp., 59840-59841 02-24195 Transwestern Pipieline Co., 59841 02-24194 Federal Highway Federal Highway Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 59876-59878 02-24253 02-24254 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 59844 02-24161 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Achyranthes mutica, etc. (47 plant species from Hawaii, HI), 59811-59813 02-24248 Conservancy fairy shrimp, etc. (California and Southern Oregon vernal pool crustaceans and plants), 59883-60039 02-23241 Flat-tailed horned lizard, 59809-59811 02-24025 Food Food and Drug Administration NOTICES Meetings:

Acrylamide in U.S. food supply; assessment and action plan; correction, 59851 02-24201 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Contract closeout, 59799 02-24173 NOTICES Acquisition regulations: Method 50 Package Label (Small) (OF 73); form cancellation, 59844 02-24174 Receiving and Inspection Report (OF 127); form cancellation, 59844 02-24175 Environmental statements; availability, etc.: Los Angeles, CA; U.S. Courthouse; development, 59844-59850 02-24200 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 59851-59852 02-24165 Submission for OMB review; comment request, 59852-59853 02-24163 02-24164 Indian Indian Affairs Bureau RULES Law and order on Indian reservations: Paiute-Shoshone Indian Tribe of Fallon Reservation and Colony, NV; Court of Indian Offenses establishment, 59781-59783 02-24241 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes:

Gross proceeds payments to attorneys; reporting requirements Hearing cancellation, 59797 02-24249 International International Trade Commission NOTICES Import investigations: Persulfates from— China, 59863-59864 02-24239 Justice Justice Department PROPOSED RULES Privacy Act; implementation, 59798 02-24207 NOTICES Privacy Act: Computer matching programs, 59864 02-24208 Systems of records, 59864-59867 02-24206 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Agency information collection activities:

Submission for OMB review; comment request, 59862-59863 02-24160 Classification of public lands: Nevada, 59863 02-24296 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Contract closeout, 59799 02-24173 NOTICES Meetings: U.S. Centennial of Flight Commission, 59867 02-24205 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Accelerator control systems Correction, 59799-59800 02-24123 Occupant crash protection— Future air bags designed to create less risk of serious injuries for small women and young children, etc.; phase-in requirements, 59800-59809 02-24236 NIH National Institutes of Health NOTICES Meetings:

National Center for Research Resources, 59853 02-24168 National Heart, Lung, and Blood Institute, 02-24166 02-24169 02-24170 59854-59855 02-24171 National Institute of Mental Health, 59855 02-24167 Warren Grant Magnuson Clinical Center Board of Governors, 59855 02-24172 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Coral reef ecosystems, 59813-59822 02-24013 NOTICES Agency information collection activities:

Proposed collection; comment request, 59823 02-24247 Marine mammals: Incidental taking; authorization letters, etc.— Mugu Lagoon, CA; building demolition activities; pinnipeds, 59824-59827 02-24245 Reports and guidance documents; availability, etc.: Fort Lauderdale, FL; mystery oil spill; damage assessment and restoration plan and environmental assessment, 59827-59828 02-24223 National Telecommunications National Telecommunications and Information Administration NOTICES Electronic Signatures in Global and National Commerce Act; product recall exception; comment request, 59828-59830 02-24209 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions:

National Registry of Radiation Protection Technologists; withdrawn, 59794 02-24221 NOTICES Meetings; Sunshine Act, 59867-59868 02-24361 *Applications, hearings, determinations, etc.:* Duke Energy Corp., 59867 02-24222 Personnel Personnel Management Office NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 59868-59869 02-24086 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:

Refugee Resettlement Program— Victims of severe form of trafficking; support services, 59855-59862 02-24238 Rural Rural Business-Cooperative Service RULES Program regulations: Boll Weevil Eradication Loan Program, 59770-59773 02-24191 Rural Rural Housing Service RULES Program regulations: Boll Weevil Eradication Loan Program, 59770-59773 02-24191 RUS Rural Utilities Service RULES Program regulations: Boll Weevil Eradication Loan Program, 59770-59773 02-24191 SEC Securities and Exchange Commission RULES Securities:

Reporting by successor issuers; CFR correction, 59779 02-55520 NOTICES Investment Company Act of 1940: Exemption applications— Prudential Investments LLC et al., 59869-59873 02-24212 SBA Small Business Administration NOTICES Reports and guidance documents; availability, etc.: Small Business Innovation Research Program Policy Directive, 60071-60098 02-24026 State State Department NOTICES Art objects; importation for exhibition: Whistler, Sargent, and Steer: Impressionists in London from Tate Collections, 59873 02-24234 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Mental Health Services Center National Advisory Council, 59862 02-24162 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 59878 02-23951 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Privacy Act:

Systems of records, 59878-59879 02-24185 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 59880 02-24202 Real property; enhanced-use leases: Columbia, SC; Veterans Affairs Department Medical Center, 59880 02-24204 Senior Executive Service: Performance Review Boards; membership, 59880-59881 02-24203 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 59883-60039 02-23241 Part III Federal Election Commission, 60041-60069 02-23813 Part IV Small Business Administration, 60071-60098 02-24026 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. 67 185 Tuesday, September 24, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 201 [Docket No. LS-02-12] Enforcement of the Varietal Labeling Provisions of the Federal Seed Act AGENCY:

Agricultural Marketing Service, USDA. ACTION: Policy statement. SUMMARY: The purpose of this policy statement is to make clear that the Agricultural Marketing Service

(AMS)has a comprehensive compliance program in place that monitors and tests seed shipped in interstate commerce for truthful varietal labeling. FOR FURTHER INFORMATION CONTACT: Richard C. Payne, Chief, Seed Regulatory and Testing Branch, Livestock and Seed Program, AMS, USDA, Room 209, Building 306, BARC-East, Beltsville, Maryland 20705-2325; Telephone:

(301)504-9237; Fax:

(301)504-8098; E-mail: *Richard.Payne2@usda.gov.* SUPPLEMENTARY INFORMATION: Occasionally issues or questions relating to Federal Seed Act

(FSA)enforcement have been raised by the public. Recently, numerous interested parties, including officials of the National Cattlemen's Beef Association and Mississippi State University, have expressed concern that with the expiration of the Plant Variety Protection Certificate issued under the Plant Variety Protection Act for the Marshall variety of annual ryegrass, inferior seed of other varieties may be marketed as Marshall annual ryegrass. The purpose of this policy statement is to make clear that AMS views the varietal mislabeling of seed as a serious violation of the FSA. AMS has a comprehensive program in place that consists of monitoring and testing seed lots to determine if they have the correct varietal labeling. A range of options are available that AMS will use to enforce the varietal labeling provisions of the FSA. Persons with knowledge of labeling violations of seed shipped in interstate commerce are invited to report them to AMS. *Federal Seed Act Policy:* The Federal Seed Act

(FSA)(7 U.S.C. 1551-1611) is a truth-in-labeling law that regulates the labeling of seed in interstate commerce. The FSA is enforced with the aid of State seed control programs as authorized under cooperative agreements between State Departments of Agriculture and USDA's AMS. Qualified seed inspectors, authorized by AMS” Seed Regulatory and Testing Branch (SRTB), draw official seed samples. A portion of the official sample is tested by the State seed laboratory. If the test results are out of tolerance with labeled information, a portion of the official sample, sampling documentation, test results, and a copy of the seed label are sent to the SRTB. If a subsequent test of the official sample by the SRTB confirms the State's test results, an investigation of the seed shipment is undertaken. Many State seed control laboratories, as well as the SRTB, also conduct laboratory tests to determine if seed shipments are labeled with the correct variety name. Official instructions for conducting these tests are contained in the FSA regulations (7 CFR 201.58a). Each year the SRTB conducts trueness-to-variety

(TTV)field tests to determine the accuracy of variety labeling of seed lots shipped in interstate commerce. Varietal identification may be based on seedling, growing plant, or mature plant characteristics (7 CFR 201.58a). The authority for making tests and applying tolerances to determine the accuracy of labeling is contained in section 403 of the FSA (7 U.S.C. 1593). The officially drawn samples, submitted by state seed control programs, are grouped and planted by variety along with an authentic sample of the variety in question by a university or State Department of Agriculture agronomist by contractual arrangement. In addition, the agronomist assists the SRTB staff in evaluating the samples for correct varietal labeling. Approximately 2,000 samples are evaluated annually in the TTV field testing program. The kinds of seed tested include field crops, vegetables, forages, and turf grasses. Shipments of mislabeled seed are investigated as potential FSA violations. Interstate seed shippers are required to keep receiving and shipping records that include the variety name for each lot of seed they ship in interstate commerce (7 CFR 201.7). These records are routinely examined during investigations of other FSA violations to determine if the variety shipped was correctly labeled. AMS considers violations of the FSA labeling provisions as serious violations of law and is committed to vigorous enforcement of the FSA through the full range of available enforcement authorities. Enforcement actions typically involve the assessment of a monetary penalty against seed companies that ship mislabeled seed in violation of the FSA. The amount of the monetary penalty depends on the severity of the violation and the number of violations the company has had in the past. If the violation is considered minor, and the company has had no other violations in the past five years, a letter of warning will be sent to the company. If the violation is considered a major violation or the company has a history of violations, the company will be notified of the violations and given an opportunity to respond. If, after considering the company's response, AMS continues to believe that a violation of the FSA has occurred, monetary penalties as provided by section 406 of the FSA (7 U.S.C. 1596) will be assessed. The amount of the penalty for each violation depends upon a violator's compliance history and the seriousness of the violation. In addition to monetary penalty actions, the FSA provides additional enforcement authorities which AMS will consider in appropriate cases. Section 405 of the FSA (7 U.S.C. 1595) authorizes the Department of Agriculture to bring a proceeding in Federal district court to seize any seed sold or transported in interstate commerce in violation of the FSA. If the court finds in favor of the USDA, the seed can be sold, destroyed, or returned to the owner after payment of all costs and the execution of a bond ensuring that seed will not be sold in violation of the provisions of the FSA. Section 409 of the FSA (7 U.S.C. 1599) authorizes the USDA to initiate an administrative proceeding against anyone who violates any FSA provision or regulation, and to issue an order to cease and desist from continuing such violation. In the event the violator does not cease and desist, the order may be enforced in the Federal courts pursuant to section 411 of the FSA (7 U.S.C. 1601). If a violation is knowingly committed, sections 406(a) (7 U.S.C. 1596(a)) and 407 of the FSA (7 U.S.C. 1957) allow the USDA to initiate criminal charges against such violators. This criminal provision also applies to violations which are the result of gross negligence or the result of the violator's failure to make a reasonable effort to be informed of the pertinent facts. Violators of this provision may be punished by a fine of $1,000 for the first offense, and $2,000 for each subsequent offense. In addition, civil settlements described in section 406(b) of the FSA (7 U.S.C. 1596(b)) apply to violations that are not deemed to be due to gross negligence. Violators of this provision shall forfeit not less than $25 or more than $500 for each violation. AMS is committed to enforcement of the labeling provisions of the FSA through its ongoing program of testing and monitoring, and encourages persons with knowledge of FSA violations to report them to: Richard C. Payne, Chief, Seed Regulatory and Testing Branch, Livestock and Seed Program, AMS, USDA, Room 209, Building 306, BARC-East, Beltsville, Maryland 20705-2325; Telephone:

(301)504-9237; Fax:

(301)504-8098; E-mail: *Richard.Payne2@usda.gov.* Dated: September 17, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-24186 Filed 9-23-02; 8:45 am]

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