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-2003-04-17.xml --- 68 74 Thursday, April 17, 2003 Contents Agency Agency for Healthcare Research and Quality NOTICES Committees; establishment, renewal, termination, etc.: Healthcare Research and Quality National Advisory Council, 18981-18982 03-9415 Agricultural Agricultural Marketing Service PROPOSED RULES Cranberries grown in— Massachusetts et al., 18908 03-9409 NOTICES Committees; establishment, renewal, termination, etc.:

Peanut Standards Board, 18944 03-9408 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 19007-19011 03-9526 03-9527 03-9530 03-9531 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 18944-18945 03-9407 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Ebola virion proteins expressed from Venezuelan Equine Encephalitis

(VEE)virus replicons, 18972 03-9469 Monoclonal antibody against ricin A chain, 18972-18973 03-9470 Protective glove and method for making same, 18973 03-9471 Privacy Act: Systems of records, 18973 03-9461 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 18982-18984 03-9422 03-9423 Grants and cooperative agreements; availability, etc.: Impact of law on public health; research, 18984-18987 03-9424 Meetings: Tuberculosis Elimination Advisory Council, 18987 03-9425 Civil Civil Rights Commission NOTICES Meetings: State advisory committees: New York, 18946 03-9450 Coast Guard Coast Guard PROPOSED RULES Drawbridge operations: Winter operations schedules and local public events; procedural changes, 18922-18934 03-9083 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Loan and purchase programs: Tobacco, 18833-18836 03-9319 Customs Customs and Border Protection Bureau NOTICES Automation program test: Paperless drawback prototype test, 18994-18995 03-9405 Defense Defense Department See Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 18959-18961 03-9454 03-9455 03-9456 03-9457 Arms sales notification; transmittal letter, etc., 18961-18970 03-9459 03-9460 Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Worldwide Transitional Health Care Demonstration Project; termination, 18970 03-9452 Environmental statements; notice of intent: Barrow, AK; coastal storm damage reduction, 18970-18971 03-9467 Meetings: Armed Forces Epidemiological Board, 18971 03-9468 National Security Education Board, 18971 03-9458 Women in Services Advisory Committee, 18972 03-9453 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 18973-18974 03-9416 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Workforce Investment Act— National Farmworker Jobs Program and Housing Assistance to Migrant and Seasonal Farmworkers, 19012-19032 03-9519 03-9520 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Hydrochloric acid production facilities, 19075-19103 03-5517 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Wisconsin, 18883-18890 03-9347 Air quality implementation plans; approval and promulgation; various States: District of Columbia, Maryland, and Virginia, 19105-19133 03-9337 Water programs: Oil pollution prevention and response; non-transportation-related onshore and offshore facilities, 18890-18894 03-9480 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Wisconsin, 18934 03-9348 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Propylene oxide, etc.; nomenclature changes, 18935-18942 03-9483 NOTICES Reports and guidance documents; availability, etc.: Pesticides— Data submitter rights for data submitted in support of tolerance actions, 18977-18978 03-9486 Water supply: Public water supply supervision program— Nebraska, 18979 03-9481 West Virginia, 18979-18980 03-9482 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness directives: Eurocopter France, 18854-18857 03-9013 03-9014 McDonnell Douglas, 18852-18854 03-8894 Airworthiness standards: Special conditions— Boeing Model 777 series airplanes, 18843-18852 03-9505 Class E airspace, 18857-18861 03-9506 03-9507 03-9508 PROPOSED RULES Airworthiness directives: Boeing, 18908-18910 03-9432 Class B airspace, 18910-18915 03-9504 NOTICES Aeronautical land-use assurance; waivers: Palm Beach International Airport, FL, 19065-19066 03-9510 Agency information collection activities; proposals, submissions, and approvals, 19066 03-9511 Passenger facility charges; applications, etc.: Lambert-St. Louis International Airport, MO, 19066-19067 03-9509 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— National Exchange Carrier Association, Inc.; changes to Board of Directors, 18906-18907 03-9406 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 18980 03-9586 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 18974-18975 03-9522 Environmental statements; availability, etc.: Parowan City, UT, 18976 03-9524 Natural Gas Policy Act: Interstate natural gas pipelines— Business practice standards, 18976 03-9525 *Applications, hearings, determinations, etc.:* Transcontinental Gas Pipe Line Corp., 18975-18976 03-9521 Universal Electric Power Corp., 18976 03-9523 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Cameron and Willacy Counties, TX, 19067 03-9466 Grants and cooperative agreements; availability, etc.: Transportation Infrastructure Finance and Innovation Act credit assistance, 19067-19069 03-9500 Federal Railroad Federal Railroad Administration NOTICES Grants and cooperative agreements; availability, etc.: Transportation Infrastructure Finance and Innovation Act credit assistance, 19069-19070 03-9501 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 18980 03-9400 Formations, acquisitions, and mergers, 03-9399 18980-18981 03-9401 Federal Transit Federal Transit Administration NOTICES Environmental statements; availability, etc.: Erie Canal Harbor Project, NY, 19070 03-9499 Grants and cooperative agreements; availability, etc.: Transportation Infrastructure Finance and Innovation Act credit assistance, 19070 03-9502 Fish Fish and Wildlife Service NOTICES Meetings: Trinity Adaptive Management Working Group, 18995 03-9573 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Deracoxib, 18882-18883 03-9532 Human drugs: Antidiarrheal products (OTC); final monograph, 18869-18882 03-9380 Labeling of drug products (OTC)— Oral and rectal drug products containing aspirin and nonaspirin salicylates; Reye's syndrome warning, 18861-18869 03-9382 PROPOSED RULES Human drugs: Antidiarrheal products (OTC); final monograph amendment, 18915-18917 03-9381 NOTICES Agency information collection activities; proposals, submissions, and approvals, 18987-18990 03-9383 03-9385 03-9533 Human drugs: Patent extension; regulatory review period determinations— FASLODEX, 18992 03-9536 ZETIA, 18992-18993 03-9534 Medical devices: Patent extension; regulatory review period determinations— HYPERION LTK SYSTEM, 18990-18991 03-9535 Meetings: Medical Devices Advisory Committee, 18991 03-9386 Pharmaceutical Science Advisory Committee; correction, 18991 03-9384 Forest Forest Service NOTICES Environmental statements; notice of intent: Caribou-Targhee National Forest, ID, 18945-18946 03-9420 Meetings: New Mexico Collaborative Forest Restoration Program Technical Advisory Panel, 18946 03-9419 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration RULES Health insurance reform: Health Insurance Portability and Accountability Act of 1996— Civil money penalties; investigations procedures, penalties imposition, and hearings, 18895-18906 03-9497 NOTICES Meetings: Blood Safety and Availability Advisory Committee, 18981 03-9515 Vital and Health Statistics National Committee, 18981 03-9365 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19071-19073 03-9398 03-9516 03-9517 Inflation adjustment factor and reference prices: Renewable electricity production credit, 19073-19074 03-9397 Meetings: Software Developers Conference, 19074 03-9518 International International Trade Administration NOTICES Antidumping: Freshwater crawfish tail meat from— China, 18946-18947 03-9514 Structural steel beams from— Korea, 18947 03-9513 Cheese quota; foreign government subsidies: Quarterly update, 18948 03-9512 Overseas trade missions: 2003 trade missions— Romania and Bulgaria; business development mission, 18948-18949 03-9421 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Pollution control; consent judgments: Farmland Industries, Inc., et al., 19006 03-9404 Kayser-Roth Corp., 19006-19007 03-9402 Mattiace Industries, Inc., et al., 19007 03-9403 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 19011 03-9448 Meetings: 21st Century Workforce, President's Council, 19011 03-9449 Land Land Management Bureau NOTICES Alaska Native claims selection: Chugach Alaska Corp., 18995-18996 03-9369 Sanak Corp., 18996 03-9367 Closure of public lands: Arizona, 18996 03-9375 Idaho, 18996-18997 03-9370 New Mexico, 18997 03-9379 Coal leases, exploration licenses, etc.: Oklahoma, 18997-18999 03-9374 Committees; establishment, renewal, termination, etc.: Wild Horse and Burro Advisory Board, 18999 03-9462 Environmental statements; notice of intent: Monterey County, CA; Fort Ord Public Lands Project, 18999-19000 03-9366 Public land orders: Idaho, 19000 03-9371 Oregon, 19000 03-9451 Realty actions; sales, leases, etc.: Nevada, 03-9372 19001-19002 03-9373 Recreation management restrictions, etc.: Blackwell Island, Kootenai County, ID; overnight camping, overnight boat moorage, motorized boating, and alcoholic beverage possession, 19002-19003 03-9377 Upper Snake River District, ID; Warm Springs closure to overnight camping, 19003 03-9376 Withdrawal and reservation of lands: New Mexico, 19003-19004 03-9378 Management Management and Budget Office NOTICES Audits of States, local governments, and non-profit organizations (Circular A-133), 19039 03-9433 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19004-19006 03-9417 Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 19032-19035 03-9444 03-9445 03-9446 03-9447 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— South Atlantic pelagic sargassum habitat, 18942-18943 03-9490 NOTICES Agency information collection activities; proposals, submissions, and approvals, 18949-18951 03-9487 03-9488 03-9489 Endangered and threatened species: Anadromous fish take— Jones & Stokes et al., CA; Central Valley spring-run Chinook salmon and steelhead, 18951-18952 03-9492 Environmental statements; availability, etc.: Columbia River Basin salmon and steelhead; enhancement permits; impact on human environment, 18952-18953 03-9493 Grants and cooperative agreements; availability, etc.: North Atlantic Right Whale Research Programs, 18953-18959 03-9491 Nuclear Nuclear Regulatory Commission RULES Domestic licensing proceedings and issuance of orders; practice rules: Official records; availability, 18836-18843 03-9438 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19035-19037 03-9440 03-9441 Meetings: Nuclear Waste Advisory Committee, 19038 03-9437 Reports and guidance documents; availability, etc.: Early site permit applications; review guidance, 19038-19039 03-9439 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., 19037-19038 03-9442 Office Office of Management and Budget See Management and Budget Office Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 19039 03-9592 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 19041-19043 03-9476 National Association of Securities Dealers, Inc., 19043-19047 03-9413 03-9414 National Securities Clearing Corp., 19047-19048 03-9477 New York Stock Exchange, Inc., 19048-19065 03-9472 03-9473 03-9474 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 19039-19041 03-9475 Social Social Security Administration NOTICES Organization, functions, and authority delegations: Deputy Commissioner, Operations, 19065 03-9443 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: State incentive grants for treatment of persons with co-occurring substance related and mental disorders, 18993-18994 03-9387 Substance Abuse Treatment Capacity Expansion in Targeted Areas of Need Program, 18994 03-9388 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Internal Revenue Service PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: USA PATRIOT Act; implementation— Nauru; special measures imposition due to designation as primary money laundering concern, 18917-18922 03-9410 NOTICES Primary money laundering concerns: Designation of countries— Ukraine; revocation, 19071 03-9411 Separate Parts In This Issue Part II Environmental Protection Agency, 19075-19103 03-5517 Part III Environmental Protection Agency, 19105-19133 03-9337 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. 68 74 Thursday, April 17, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1464 RIN 0560-AG96 Tobacco Payment Program AGENCIES: Commodity Credit Corporation, USDA. ACTION: Final rule. SUMMARY: This rule implements the Tobacco Payment Program authorized by the Agricultural Assistance Act of 2003. Section 205 of that Act requires the Commodity Credit Corporation to provide assistance to producers of tobacco. This rule is intended to implement this legislative mandate. Other provisions of the Agricultural Assistance Act of 2003 will be implemented under separate rules. EFFECTIVE DATE: April 16, 2003. FOR FURTHER INFORMATION CONTACT: Misty Jones at

(202)720-0200, or via electronic mail at *Misty_Jones@wdc.usda.gov* . SUPPLEMENTARY INFORMATION: Notice and Comment Section 217 of Title II of Division N of the Consolidated Appropriations Resolution, 2003, (Pub. L. 108-7) (Agricultural Assistance Act of 2003) requires that the regulations to implement this program be promulgated without regard to the notice and comment provisions of 5 U.S.C. 553, the Statement of Policy of the Secretary of Agriculture relating to notices of proposed rulemaking and public participation in rulemaking (36 FR 13804, July 24, 1971). Thus, this rule is final as published. Executive Order 12866 This final rule has been determined to be not significant under Executive Order 12866 and has not been reviewed by the Office of Management and Budget (OMB). Federal Assistance Programs This final rule applies to the following Federal assistance programs, as found in the Catalog of Federal Domestic Assistance: 10.073—Crop Disaster Program. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because CCC is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking with respect to the subject of this rule. Environmental Assessment The environmental impacts of this proposed rule have been considered in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.* , the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA's regulations for compliance with NEPA, 7 CFR part 799. To the extent these authorities may apply, CCC has concluded that this rule is categorically excluded from further environmental review as evidenced by the completion of an environmental evaluation. No extraordinary circumstances or other unforeseeable factors exist which would require preparation of an environmental assessment or environmental impact statement. A copy of the environmental evaluation is available for inspection and review upon request. Executive Order 12778 The final rule has been reviewed in accordance with Executive Order 12778. This final rule preempts State laws to the extent such laws are inconsistent with it. This rule is not retroactive. Before judicial action may be brought concerning this rule, all administrative remedies must be exhausted. Executive Order 12372 This program is not subject to Executive Order 12372, which requires 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 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)does not apply to this rule because CCC is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject of this rule. Further, this rule contains no unfunded mandates as defined in sections 202 and 205 of UMRA. Small Business Regulatory Enforcement Fairness Act of 1996 Section 217(c) of the Agricultural Assistance Act of 2003 (“2003 Act”), Pub. L. 108-7, requires CCC to use the authority in section 808 of the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121 (SBREFA), to forgo the usual 60-day delay in the effective date of major rules required by SBREFA (5 U.S.C. 801(a)(3)(A)(ii)). This rule affects a number of agricultural producers who may have a strong urgent need of the payments to be provided under it. For these reasons and in accord with 5 U.S.C. 808(2), CCC has determined that delay is contrary to public interest and this rule is effective upon the date of filing for public inspection by the Office of the Federal Register. Paperwork Reduction Act Section 217(c) of the Agricultural Assistance Act of 2003 requires that these regulations be promulgated and the programs administered without regard to 44 U.S.C. 35, the Paperwork Reduction Act. This means that the information to be collected from the public to implement these programs and the burden, in time and money, that the collection of the information would have on the public do not have to be approved by the Office of Management and Budget or be subject to the 60-day public comment period required by 5 CFR 1320.8(d)(1). Background Section 205 of the Agricultural Assistance Act of 2003 directs the Secretary of Agriculture to use funds of the Commodity Credit Corporation

(CCC)to provide assistance to persons associated with certain 2002-crop tobaccos. Tobaccos with an established 2002 acreage allotment or poundage quotas are eligible for payment. Eligible persons include owners of the land with an established 2002 acreage allotment or quota, as well as growers, and in some cases, controllers of farms with quotas or allotments. This rule promulgates regulations governing payment eligibility in accord with the legislation. As provided for by statute and set out by rule, each eligible kind of tobacco will have its own fund. For each kind, the fund amount will be based on multiplying the national quota or allotment (converted by a formula to pounds) by 5.55 cents per pound. For flue-cured tobacco (types 11-14) and for cigar filler tobacco (types 42-44 and 54-55), the fund will be divided into two parts, one for eligible owners and the other for eligible growers. The other eligible tobaccos “pot” will be divided into three equal parts, one for eligible owners, the other for eligible controllers and the remaining part for growers. The other eligible tobaccos are burley tobacco (type 31), fire-cured tobacco (types 21-23), dark air-cured tobacco (types 35-36), and Virginia sun-cured tobacco (type 37). Eligible persons will share in the sub-accounts based on basic or effective quota or allotment amounts as specified in the rule (irrespective of the actual production amounts that may or may not have occurred on a particular farm so long as the participants meet other program rules for payment). Similar programs have been provided for in the past in part 1400. As with those programs, eligibility determinations will be made as of July 1 of the calendar year that corresponds with the crop year covered (2002 in this case). It is understood that, to the extent practicable, Congress has intended that this program be run in the same manner as its predecessors in part 1400. There is nothing in the history of this statute to indicate a view to the contrary, as would be expected were significant changes intended. This rule has been drafted accordingly. The statute specifies which tobaccos are eligible for payment and the factors for converting allotments to pounds. The statute sets a payment date of June 1, 2003. Payments will be made in advance of that date, if possible. Cost/Benefit Assessment Payments to eligible persons in 2003 are estimated to total $55 million dollars. List of Subjects in 7 CFR Part 1464 Agricultural commodities, Acreage allotments, Marketing quotas, Tobacco. For the reasons set out in the preamble, 7 CFR part 1464 is amended as set forth below. PART 1464—TOBACCO 1. The authority citation for 7 CFR part 1464 is revised to read as follows: Authority: 7 U.S.C. 1421, 1423, 1441, 1445, 1445-1, 1445-2; 15 U.S.C. 714b, 714c; Pub. L. 106-78, 113 Stat. 1135; Pub. L. 106-113, 113 Stat. 1501; Pub. L. 108-7, 117 Stat. 11. 2. Add subpart G to read as follows: Subpart G—Tobacco Payment Program Sec. 1464.601 Applicability and basic terms for payments. 1464.602 Administration. 1464.603 Eligibility. 1464.604 Definitions. 1464.605 Sign up. 1464.606 [Reserved] 1464.607 Payment benefits. 1464.608 Offsets and assignments. 1464.609 Misrepresentation and scheme or device. 1464.610 Cumulative liability. 1464.611 Estates, trusts, and minors. 1464.612 Death, incompetence, or disappearance. 1464.613 Appeals. Subpart G—Tobacco Payment Program § 1464.601 Applicability and basic terms for payments. This subpart sets forth the terms and conditions of the Tobacco Payment Program (TOPP). Under this program CCC will make direct payments on a farm relating to basic tobacco quotas or allotments established for the 2002 crop year under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 *et seq.* ) for eligible tobaccos. Payments are subject to the availability of funds and payment formulas set out in this part. § 1464.602 Administration. This subpart shall be administered by the Executive Vice President, CCC or his designee, under the general supervision of the Farm Service Agency (FSA), Deputy Administrator for Farm Programs (Deputy Administrator). The program shall be carried out in the field by State and county FSA committees and FSA employees in accordance with this subpart. § 1464.603 Eligibility. For a person to be considered an eligible person for purposes of this part, such person must own or control (in some cases only) a farm for which on the status date a basic 2002 crop quota or allotment for eligible tobacco was established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 *et seq.* ). Also, growers of that tobacco are eligible for payments to the extent provided for in this part. § 1464.604 Definitions. The definitions set forth in this section shall apply to the administration of TOPP under this subpart. The definitions in §§ 718.2 and 723.104 of this title also apply to TOPP. The definitions in this section apply rather than the definitions in §§ 718.2 and 723.104 of this title to the extent that the definitions in those sections differ. The following terms shall have the following meanings: *Controller* means that person or entity who, as determined by the Deputy Administrator, controls the land used to produce eligible tobacco and share in the risk of production. *Eligible person* means an owner, or (as applicable) controller of a farm for which a basic quota or allotment was established for the 2002 crop year under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 to the extent otherwise provided in these rules. Growers of that tobacco, as specified in this part, can also be eligible for payment. For this TOPP, an eligible person's status, as owner or controller or grower, will be determined as of July 1, 2002. *Eligible tobacco* means each of the following kinds of tobacco: Flue-cured tobacco (types 11, 12, 13 and 14), burley tobacco (type 31), Virginia sun-cured tobacco (type 37), fire-cured tobacco (types 21-23), dark air-cured tobacco (types 35-36), and cigar filler/binder tobacco (types 42 through 44, 54 and 55). *Grower* means for flue-cured tobacco and cigar binder tobacco, a “producer,” as defined below, for all other eligible tobaccos, as “grower/tenant,” as defined below. *Grower/tenant* means a person or entity who provides labor to produce tobacco and share in the risk of production. *Owner* means with respect to a quota or allotment farm the person or entity who owns the land for which the tobacco quota or allotment was established for the 2002 crop as of the operative status date of July 1, 2002 provided for in this part. *Payment pounds* means the pounds of tobacco for which a person is eligible to be paid under this subpart. *Producer* means a person or entity actively engaged in planting, growing, harvesting, and/or marketing of tobacco, or who shares in the risk of producing the crop. *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 cash-lease their farmland to a tobacco producer for the right to grow tobacco on that land and receive 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 or the tobacco crop are not considered to shared in the risk of production. *TOPP* means the Tobacco Payment Program. § 1464.605 Sign up.

(a)To apply for TOPP funds, persons must submit an application to the county FSA office by the date established by the Deputy Administrator. Late applications may be accepted if approved by the Deputy Administrator, if the lateness was the result of documented hardship.

(b)Data furnished by the applicant will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, without it program benefits will not be provided. § 1464.606 [Reserved] § 1464.607 Payment benefits.

(a)Payment will only be made subject to the availability of funds and only for eligible tobacco and for eligible persons who meet all conditions of eligibility for whom monies are provided by the terms of this section.

(b)The total national payment amount made available for each kind of eligible tobacco for all claimants for that kind of tobacco, will be computed by multiplying the 2002 crop national poundage amount for that kind by 5.55 cents per pound.

(c)The national poundage amount of a kind shall be, for those tobaccos for which poundage quotas were established for individual farms, the national basic quota, in total, for all farms. For all other tobaccos, the 2002 crop national poundage amount shall be determined by multiplying the national basic acreage allotment for that kind of tobacco by the following per acre conversion factors:

(1)For fire-cured tobacco (type 21) 1,746 pounds;

(2)For fire-cured tobacco (types 22-23) 2,676 pounds;

(3)For dark air-cured tobacco (types 35-36) 2,475 pounds; and

(4)For Virginia sun-cured tobacco (type 37) 1,502 pounds.

(d)Once the national payment amount is determined for the eligible tobacco kind, it will for flue-cured tobacco (types 11-14) and for cigar filler tobacco (types 42-44 and 54-55) be divided into two equal parts, one for eligible owners and the other for eligible growers. Shares in the sub-accounts will be determined using basic poundage quota amounts for flue-cured tobacco and basic allotments for the cigar filler types. For cigar filler type allotments, a conversion to pounds will be made using the same conversion factor provided in paragraph

(b)of this section.

(e)For those eligible tobaccos not covered in paragraph

(d)of this section, the national payment amount fund as determined under paragraph

(b)of this section will be divided into three equal parts. Those parts shall be: one for eligible owners; one for eligible controllers; and one for eligible growers. Shares in each sub-account will be determined for burley tobacco using:

(1)Basic poundage quota amounts for owners; and

(2)Effective quota amounts for controllers and growers.

(f)For all other tobaccos covered by paragraph

(e)of this section, shares in each sub-account will be determined using:

(1)Basic allotments for owners; and

(2)Effective allotment amounts for controllers and growers. Allotments will be converted to pounds using the conversion factors in paragraph

(c)of this section. “Effective quotas” and “effective allotments” means the amount of quota or allotment before any transfer which, as determined by the Deputy Administrator, occurred after a disaster.

(g)Growers who otherwise meet the terms of this part, will qualify based on the full amount of the basic quota or effective quota or allotment, as the case may be, for the kind involved, even though they did not fully produce the operative pounds. Such growers must meet the labor, active engagement in farming, and risk of production elements of the “grower” definition of § 1464.604, as applicable to their kind of tobacco. The Deputy Administrator may provide other elements of eligibility as necessary to accomplish the provisions of this part in accord with the operative legislation.

(h)Payments will be made as soon as practicable.

(i)The amount of TOPP funds allocated to the eligible persons in Georgia will be disbursed only if the State of Georgia agrees to use an equal amount of funds (not to exceed $13,000,000) to make payments in the same manner as provided for in this section.

(j)All payments under this part are subject to the eligibility of funds. In the case where a payment to a farm is disputed the Deputy Administrator may require that all interested parties agree to the resolution of the dispute before any payment is made and may delay payments to the farm until any such disputes are resolved. Also, as determined appropriate to accomplish the goal that program payments be made expeditiously in a manner that is administratively efficient, the Deputy Administrator may properly exclude payments to a person who does not file a timely claim and all payments may be made to those parties whose claim to the payment is not challenged. Nothing in this section shall, however, be construed to prevent the agency from denying any payment to any person based upon a failure of that person to meet any eligibility criteria set forth in this part. § 1464.608 Offsets and assignments.

(a)TOPP payments, or a portion thereof, shall be made without regard to questions of title under State law and without regard to any claim or lien against the crop, or proceeds thereof, in favor of the owner or any other creditor. However, offsets and withholdings of TOPP payments maybe taken in accordance with part 1403 of this chapter.

(b)TOPP payments may be assigned as provided in part 1404 of this chapter. § 1464.609 Misrepresentation and scheme or device.

(a)A person who is determined to have misrepresented any fact with the intention of affecting a TOPP program determination or received payments as a result of such misrepresentation shall not be entitled to payments and must refund all payments, plus interest in accordance with 7 CFR part 1403.

(b)A person determined to have knowingly adopted a scheme or device that tends to defeat the purpose of the program, or made any fraudulent representation shall refund all payments, plus interest determined in accordance with 7 CFR part 1403 and shall not receive any payment not yet made.

(c)Persons who are party to the TOPP application must refund any excess or unearned TOPP payments to CCC, plus interest, made under such application. § 1464.610 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. § 1464.611 Estates, trusts, and minors.

(a)Program documents executed by persons legally authorized to represent estates or trusts will be accepted only if such persons furnish 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 has executed the applicable program documents; 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. § 1464.612 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 as specified in part 707 of this title may receive such assistance. § 1464.613 Appeals. Determinations made under this part may be appealed as provided in parts 11 and 780 of this title. Signed in Washington, DC, on April 7, 2003. James R. Little, Executive Vice President, Commodity Credit Corporation. [FR Doc. 03-9319 Filed 4-16-03; 8:45 am]

Connectionstraces to 13

Traces to 13 documents

U.S. Code