Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-07-10.xml --- 68 132 Thursday, July 10, 2003 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality National Advisory Council, 41135-41136 03-17418 Agriculture Agriculture Department See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Jack assembly for supporting shelter structure, 41114 03-17518 Type A botulinum neurotoxin antibodies, 41114 03-17519 Bonneville Bonneville Power Administration NOTICES Power rate adjustments: Safety-net cost recovery adjustment clause, 41114-41115 03-17471 Census Census Bureau NOTICES Census 2000: Whole-Block Count Program; discontinuance, 41112 03-17195 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 41136-41138 03-17433 03-17434 03-17435 Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— United States: prevention projects, 41138-41147 03-17436 Children Children and Families Administration See Community Services Office Coast Guard Coast Guard RULES Ports and waterways safety: Prince William Sound, AK; high capacity passenger vessels; security zone, 41078-41081 03-17463 St. Croix, U.S. Virgin Islands; safety zone, 41081-41083 03-17462 PROPOSED RULES Ports and waterways safety: El Segundo offshore marine terminal, Los Angeles, CA; safety zone, 41091-41093 03-17461 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Community Community Services Office NOTICES Grants and cooperative agreements; availability, etc.:

Compassion Capital Fund, 41147-41153 03-17412 Defense Defense Department See Army Department Employment Employment and Training Administration NOTICES Adjustment assistance: BASF Corp., 41180 03-17454 Dirigo Dowels & Pins, Inc., 41180-41181 03-17452 Flynt Fabrics, Inc., 41181 03-17457 Gretag Imaging, Inc., 41181 03-17446 Honeywell, 41181 03-17451 M. Wile Co., 41181-41182 03-17448 Motorola, Inc., 41182 03-17445 Plassein International, 41182 03-17450 RODCO Products, 41182 03-17455 Swan Finishing Co., Inc., et al., 41182-41184 03-17441 Thompson-Hancock Technologies, 41184 03-17453 Wabash Technologies, Inc., 41184 03-17447 Washington Group IDC, 41184 03-17449 Adjustment assistance and NAFTA transitional adjustment assistance:

ME International, Inc., 41178-41179 03-17444 Seaway Pattern Manufacturing, Inc., et al., 41179-41180 03-17456 NAFTA transitional adjustment assistance: Motorola, Inc., 41185 03-17443 Tyco Electronics, 41185 03-17442 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission NOTICES Atomic energy agreements; subsequent arrangements, 41114 03-17472 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Kentucky, 41083-41085 03-17510 NOTICES Committees; establishment, renewal, termination, etc.: Science Advisory Board, 41128-41130 03-17511 Meetings: EPA-USDA Committee to Advise on Reassessment and Transition, 41130-41131 03-17608 Pesticide Program Dialogue Committee, 41131-41132 03-17607 Science Advisory Board, 41132-41133 03-17606 FAA Federal Aviation Administration RULES Air carrier certification and operations: DOD commercial air carrier evaluators; credentials, 41213-41218 03-17459 Air traffic operating and flight rules, etc.:

Los Angeles International Airport, CA; special flight rules in vicinity; revision, 41211-41214 03-17460 Airworthiness directives: Airbus, 41056-41059 03-17313 Boeing, 41063-41065 03-17311 Bombardier, 41059-41062 03-17312 Pratt & Whitney; correction, 41210 C3-15992 Textron Lycoming, 41055-41056 03-17019 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— 220-222 MHz band licenses; second audit letters and cancellation notices mailed, 41133-41134 03-17437 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 41134 03-17655 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: New York Independent System Operator, Inc., et al., 41122-41123 03-17488 Prairie Material Sales, Inc., et al., 41123-41124 03-17482 Hydroelectric applications, 41124-41128 03-17486 03-17493 03-17494 03-17495 03-17496 Preliminary permits surrender: Arizona Independent Power, Inc., 41128 03-17492 Kabatica General Partners, 41128 03-17491 *Applications, hearings, determinations, etc.:* Canyon Creek Compression Co., 41115 03-17499 CenterPoint Energy Gas Transmission Co., 03-17505 41115-41116 03-17506 03-17507 Chevron Products Co., 41116 03-17490 Clear Creek Storage Co., L.L.C., 41116-41117 03-17504 CMS Trunkline Gas Co., LLC, 41117 03-17503 Columbia Gas Transmission Corp., 41117-41118 03-17485 Dominion Transmission, Inc., 41118 03-17501 Fulcrum Power Marketing, LLC, 41118 03-17489 Northern Natural Gas Co., 41118-41119 03-17497 Northwest Pipeline Corp., 41119-41120 03-17483 03-17484 Outback Power Marketing, Inc., et al., 41120 03-17487 Sunoco Inc., 41120-41121 03-17498 Tennessee Gas Pipeline Co., 03-17502 41121 03-17508 Transcontinental Gas Pipe Line Corp., 41121-41122 03-17500 Federal Reserve Federal Reserve System RULES Extensions of credit by Federal Reserve banks (Regulation A):

Primary and secondary credit rates; decrease approval, 41054-41055 03-17383 NOTICES Banks and bank holding companies: Change in bank control, 41134 03-17424 Formations, acquisitions, and mergers, 41134-41135 03-17425 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Findings on petitions, etc.— Fisher; West Coast range distinct population segment, 41169-41174 03-17467 Endangered and threatened species and marine mammal permit applications, 41167-41169 03-17427 03-17428 Reports and guidance documents; availability, etc.:

Wind turbines; voluntary guidelines to avoid and minimize wildlife impacts, 41174-41175 03-17429 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Phenylbutazone tablets and boluses, 41065-41066 03-17439 Salinomycin, chlortetracycline, and roxarsone, 41066-41067 03-17409 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41153-41161 03-17407 03-17408 03-17411 Animal drugs, feeds, and related products: Chlortetracycline, 41161 03-17440 Clindamycin hydrochloride, 41161-41162 03-17438 Biological product licenses:

Universal Reagents, Inc.; proposal to revoke, 41162-41163 03-17410 Food Food and Nutrition Service RULES Food Stamp Program: Food retailers and wholesalers; administrative review requirements, 41051-41053 03-17348 Food Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission— Fish and Fishery Products Committee, 41109-41110 03-17469 Nutrition and Foods for Special Dietary Uses Committee, 41110-41111 03-17470 Forest Forest Service NOTICES Environmental statements; notice of intent:

Boise National Forest, ID, 41111-41112 03-17168 GSA General Services Administration PROPOSED RULES Federal claims collection: Salary offset for indebtedness of Federal employees to United States, 41093-41102 03-17477 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Community Services Office See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Family planning services grants; correction, 41135 03-17478 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Nursing Scholarship Program, 41163 03-17587 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service RULES Income taxes: Individuals not filing joint returns; community income treatment, 41067-41073 03-17386 Procedure and administration:

Return information disclosure by officers and employees for investigative purposes, 41073-41077 03-17384 PROPOSED RULES Income taxes: Notarized statements of purchase, 41087-41089 03-17088 Procedure and administration: Agriculture Department; return information disclosure; cross-reference Correction, 41090 03-17524 Return information disclosure by officers and employees for investigative purposes; cross-reference, 41089-41090 03-17385 International International Trade Administration NOTICES Antidumping:

Stainless steel bar from— United Kingdom, 41112-41113 03-17515 Synthetic indigo from— China, 41113 03-17514 International International Trade Commission NOTICES Import investigations: Malleable iron pipe fittings from— China, 41176-41177 03-17426 Meetings; Sunshine Act, 41177-41178 03-17571 Justice Justice Department NOTICES Pollution control; consent judgments: District of Columbia Water and Sewer Authority et al., 41178 03-17414 Pascale, David, et al., 41178 03-17413 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.:

Resource Advisory Councils— Southeast Oregon, 41175-41176 03-17431 Survey plat filings: Idaho, 41176 03-17310 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: American Petroleum Institute Recommended Practice 2A-WSD (21st edition); incorporation by reference Correction, 41077-41078 03-17192 PROPOSED RULES Outer Continental Shelf: oil, gas, and sulphur operations: Procedures for dealing with sustained casing pressure, 41090-41091 03-17422 National National Council on Disability NOTICES Meetings;

Sunshine Act, 41185-41186 03-17570 NIH National Institutes of Health NOTICES Meetings: National Institute on Drug Abuse, 03-17403 41164 03-17404 Scientific Review Center, 03-17401 41164-41166 03-17402 Patent licenses; non-exclusive, exclusive, or partially exclusive: Aridis, Inc., 41166 03-17406 Virionics Corp., 41166-41167 03-17405 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific Ocean perch, 03-17516 41085-41086 03-17517 West Coast States and Western Pacific fisheries— West Coast salmon, 41085 03-17239 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic bluefin tuna, 41103-41108 03-17521 NOTICES Meetings: Pacific Fishery Management Council, 41113-41114 03-17522 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 41186 03-17586 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 41186-41187 03-17464 03-17465 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 41187-41188 03-17466 Overseas Overseas Private Investment Corporation NOTICES Meetings;

Sunshine Act, 41188 03-17551 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 41188-41189 03-17662 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 41189-41191 03-17476 National Association of Securities Dealers, Inc., 41191-41196 03-17473 03-17474 03-17475 Pacific Exchange, Inc., 41196-41197 03-17417 *Applications, hearings, determinations, etc.:* Commonwealth of Australia, 41188 03-17416 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Cooperative international projects to introduce American and foreign participants to each other's social, economic, and political structures, 41197-41205 03-17481 Fulbright Foreign Student Conflict Resolution Program, 41205-41208 03-17480 Nonproliferation measures imposition; Scientific Research and Design Institute of Power Technology aka NIKIET; partial lifting, 41208 03-17479 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Boston & Maine Railroad Co., 41208-41209 03-17381 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Government securities, Large Position Reports; reporting requirements, 41209 03-17557 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 41211-41218 03-17459 03-17460 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. 68 132 Thursday, July 10, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 278 and 279 RIN 0584-AD23 Food Stamp Program: Administrative Review Requirements—Food Retailers and Wholesalers AGENCY:

Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This action revises Food Stamp Program regulations affecting the administrative review process available to retail and wholesale firms participating in the Food Stamp Program. It streamlines and makes technical corrections to this process by amending portions of current regulations. The changes eliminate repetitious, outdated and unnecessary provisions without taking away a firm's right to an administrative review.

DATES: Provisions in this rule are effective September 8, 2003. FOR FURTHER INFORMATION CONTACT: Questions regarding this rulemaking should be addressed to Karen Walker, Chief, Retailer Management Branch, Benefit Redemption Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, Virginia, 22302. Questions may also be data-faxed to the attention of Ms. Walker at

(703)305-1863, or by e-mail to *karen.walker@fns.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant by the Office of Management and Budget and therefore, was not reviewed by that agency under Executive Order 12866. Executive Order 12372 The Food Stamp Program is listed in the Catalog of Federal Domestic Assistance under No. 10.551. For the reasons set forth in the final rule in 7 CFR part 3015, subpart V and related Notice (48 FR 29115), this Program is excluded from the scope of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Executive Order 13132, Federalism Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments and consult with them as they develop and carry out those policy actions. The Food and Nutrition Service

(FNS)has considered the impact of this rule that streamlines and makes technical changes to FNS' administrative review process available to retail food stores and wholesale concerns participating in the Food Stamp Program. This rule has no Federalism implications in that procedural changes set forth do not affect State and local governments. This rule does not impose any substantial or direct compliance costs on State and local governments. Therefore, under Section 6(b) of the Executive Order, a federalism summary impact statement is not required. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). Eric M. Bost, Under Secretary for Food, Nutrition, and Consumer Services, has certified that this proposed rule will not have a significant economic impact on a substantial number of small entities. It eliminates repetitious, outdated and unnecessary provisions; aggrieved businesses will continue to have the right to administrative reviews under this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, this rule contains information collections that are subject to review and approval by the Office of Management and Budget (OMB). These information collections are approved under OMB number 0584-0520. FNS published a proposed rule on November 25, 2002, which solicited comments. No comments directly related to this notice were received; however, comments related to the elimination of in-person meetings with administrative review staff were received and are addressed in the Background section of this rule. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect unless so specified in the “Effective Date” paragraph of the preamble of the final rule. In the Food Stamp Program, the administrative procedures for retailers and wholesalers are as follows: for Program retailers and wholesalers—administrative procedures are issued pursuant to section 14 of the FSA (7 U.S.C. 2023) and 7 CFR part 279. Public Law 104-4 Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public Law No. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, FNS generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector of $100 million or more in any one year. Thus, this rule is not economically significant, nor subject to the requirements of sections 202 and 205 of the UMRA. Background This rule revises Food Stamp Program regulations affecting the administrative review process for retail food stores and wholesale food concerns participating in the program. The revisions streamline administrative review rules by eliminating repetitive and unnecessary provisions and consolidating other provisions in 7 CFR parts 278 and 279. These revisions do not change the rights of aggrieved food retailers and wholesale food concerns to request and obtain an administrative review from FNS. This rule also makes technical corrections involving regulatory cites listed in § 278.1. Only one trade association submitted comments; no other comments were received. One of their comments dealt with program compliance that is beyond the scope of this rule and another comment expressed support for most revisions in the rule as being “helpful changes that clarify the regulations and the program.” Their remaining comments relate to the elimination of in-person meetings between aggrieved retailers and administrative review staff. The commenter questioned the “not significant” designation of the rule under Executive Order 12866 in the preamble of the proposed rule and questioned the legality of not submitting it to the Office of Management and Budget

(OMB)for review. The Department submitted a workplan with a detailed outline of the proposed rule to OMB for review. OMB designated the proposed rule as “not significant” based on that information, which is standard procedure, and no further review of the proposed rule by them was required. The commenter also questioned the Department's determination under the Regulatory Flexibility Act in the preamble that the rule will not have a significant impact on a substantial number of small businesses. The commenter suggested that eliminating in-person meetings would result in “more small businesses being barred from the program.” As stated previously, administrative reviews are based on the facts of the case, not on in-person meetings, and eliminating them will not affect the outcome of reviews; therefore, the Department does not believe this rule will have a significant impact on a substantial number of small businesses. Content of Request—7 CFR 279.6 *Content of request for review:* Current regulations at 7 CFR 279.6 include language regarding requests for in-person meetings with administrative review officers. However, there are only three locations where such meetings occur and most firms that request such meetings must travel long distances to participate. The Department believes the travel cost disparity between those retailers located near review offices and those located a long distance away places many retailers at a disadvantage. The commenter opposed the elimination of in-person meetings feeling it will disadvantage retailers who wish to explain their position in person. The Department makes administrative review determinations based on the documented facts of the case, and whether or not aggrieved retailers meet with review staff has no bearing on the outcome. Firms can and do talk with reviewers by phone as a follow-up to written documentation, but review staff base their determinations on the facts of the case, not on a meeting or phone conversation. Even though very few firms request in-person meetings, the Department believes that offering them gives the impression that stores not able to avail themselves of the meetings are disadvantaged. Therefore, the rule eliminates these meetings. Aggrieved retailers are still able to participate in conference calls with administrative review staff. Implementation Provisions of this rulemaking will be implemented 60 days after publication of the rule. List of Subjects 7 CFR Part 278 Administrative practice and procedure, Banks, Banking, Claims, Food stamps, General line—wholesalers, Groceries, Groceries—retail, Penalties. 7 CFR Part 279 Administrative practice and procedure, Food stamps, General line-wholesalers, Groceries, Groceries—retail. Accordingly, 7 CFR parts 278 and 279 are amended as follows: 1. The authority citation for parts 278 and 279 continue to read as follows: Authority: 7 U.S.C. 2011-2036. PART 278—PARTICIPATION OF RETAIL FOOD STORES, WHOLESALE FOOD CONCERNS AND INSURED FINANCIAL INSTITUTIONS § 278.1 [Amended] 2. In § 278.1: a. Paragraph (k)(1) is amended by removing the reference “(g) or (h)” and adding in its place the reference “(g),

(h)or (i)”; b. Paragraph (k)(2) is amended by removing in the first sentence the words “the Food Stamp Act of 1977, as amended;” and adding in its place the words “paragraph (b)(1)(i) of this section;” and by removing the reference “(b)(1)(iv)” and adding in its place the reference “(b)(1)(vi)”; c. Paragraph (l)(1)(ii) is amended by removing the reference “(g), or (h)” and adding in its place the reference “(g),

(h)or (i)”; d. Paragraph (l)(1)(iii) is amended by removing the words “the Food Stamp Act of 1977, as amended,” and adding in its place the words “paragraph (b)(1)(i) of this section;” and by removing the reference “(b)(1)(iv)” and adding in its place the reference “(b)(1)(vi)”. e. The reference “§ 279.5” is removed in paragraph (l)(2) and the reference “part 279” is added in its place; and f. The reference “§ 278.8” is removed in paragraph

(p)and the reference “part 279” is added in its place. § 278.6 [Amended] 3. In § 278.6, the reference “§ 279.5” is removed wherever it appears in paragraphs (b),

(c)and (n), and the reference “part 279” is added in its place. § 278.7 [Amended] 4. In § 278.7, the reference “§ 278.8” is removed in paragraph

(f)and the reference “part 279” is added in its place. § 278.8 [Removed and Reserved] 5. § 278.8 is removed and reserved. PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS 6. In part 279: a. The words “administrative review officer” are removed wherever they appear and the words “designated reviewer” are added in their place; and b. The words “review officer” are removed wherever they appear and the words “designated reviewer” are added in their place. 7. Subpart A is further amended by removing the word “—General” in the Subpart heading. 8. Revise § 279.1 to read as follows: § 279.1 Jurisdiction and authority. A food retailer or wholesale food concern aggrieved by administrative action under § 278.1, § 278.6 or § 278.7 of this chapter may, within a period stated in this Part, file a written request for review of the administrative action with FNS. On receipt of the request for review, the questioned administrative action shall be stayed pending disposition of the request for review, except in the case of a permanent disqualification as specified in § 278.6(e)(1) of this chapter.

(a)*Jurisdiction.* Reviewers designated by the Secretary shall act for the Department on requests for review filed by food retailers or wholesale food concerns aggrieved by any of the following actions:

(1)Denial of an application or withdrawal of authorization to participate in the program under § 278.1 of this chapter;

(2)Disqualification under § 278.6 of this chapter, except that a disqualification for failure to pay a civil money penalty shall not be subject to administrative review and a disqualification imposed under § 278.6(e)(8) of this chapter shall not be subject to administrative or judicial review;

(3)Imposition of a fine under § 278.6 of this chapter;

(4)Denial of all or part of any claim asserted by a firm against FNS under § 278.7(c), (d), or

(e)of this chapter;

(5)Assertion of a claim under § 278.7(a) of this chapter; or

(6)Forfeiture of part or all of a collateral bond under § 278.1 of this chapter, if the request for review is made by the authorized firm. FNS shall not accept requests for review made by a bonding company or agent.

(b)*Authority* . The determination of the designated reviewer shall be the final administrative determination of the Department, subject, however, to judicial review under section 14 of the Food Stamp Act and subpart B of this part. §§ 279.2 through 279.4 [Removed] 9. Remove §§ 279.2 through 279.4. §§ 279.5 through 279.11 [Redesignated] 10. Subpart B is further amended by redesignating §§ 279.5 through 279.9 as §§ 279.2 through 279.6, respectively. § 279.2 [Amended] 11. Amend newly redesignated § 279.2 as follows: a. The heading of paragraph

(a)is amended by removing the word “Addressing” and adding in its place the word “Submitting”. b. Paragraph

(a)is further amended by removing the words “Room 304”. c. Paragraph

(c)introductory text is amended by removing the words “with the Director, Administrative Review Division,”. § 279.3 [Amended] 12. Remove the last two sentences of paragraph

(b)in newly redesignated § 279.3. 13. Amend newly redesignated § 279.4 as follows: a. Paragraph

(a)is amended by revising the first two sentences and by removing the last sentence; b. Paragraph

(c)is revised; and c. Paragraph

(d)is removed. The revisions read as follows: § 279.4 Action upon receipt of a request for review.

(a)Upon receipt of a request for review of administrative action, the administrative action shall be held in abeyance until the designated reviewer has made a determination. However, permanent disqualifications for trafficking shall not be held in abeyance and shall be effective immediately as specified in 278.6(b)(2) of this chapter. * * *

(c)*Extensions of time.* Upon timely written request to FNS by the firm requesting the review, FNS may grant extensions of time if, in FNS' discretion, additional time is required for the firm to fully present information in support of its position. However, no extension may be made in the time allowed for the filing of a request for review. 14. Amend newly redesignated § 279.5 as follows: a. The heading of paragraph

(a)is amended by removing the word “officer”, b. Paragraph (b),

(c)and

(e)are revised; and c. Paragraph

(f)is removed and paragraph

(g)is redesignated as paragraph (f). The revisions read as follows: § 279.5 Determination of the designated reviewer.

(b)*Review of denial or withdrawal of authorization.* When the action under review is the denial of an application for authorization or the withdrawal of an existing authorization, the designated reviewer shall sustain the action under review; sustain the action under review, but specify a shorter period of time the action will remain in effect; or direct that the action under review be reversed.

(c)*Review of disqualification or civil money penalty or fine.* When the action under review is disqualifying a firm from program participation or assessing a civil money penalty or fine against a firm, the designated reviewer shall: Sustain the action under review; specify a shorter period of disqualification; specify a reduced money penalty or fine; direct that an official warning letter be issued to the firm in lieu of a disqualification, civil money penalty or fine; or, direct that the action under review be reversed. The designated reviewer may change a disqualification of a firm to a civil money penalty if the disqualification would cause a hardship to participating households (except in the case of a permanent disqualification). The designated reviewer, working with the appropriate FNS office, shall determine if circumstances warrant a civil money penalty in accordance with § 278.6 of this chapter.

(e)*Determination notifications.* FNS shall notify the firm of the determination. Such notification will be sent to the representative of the firm who filed the request for review. 15. In newly redesignated § 279.6, revise paragraph

(a)to read as follows: § 279.6 Legal advice and extensions of time.

(a)*Advice from Office of the General Counsel.* If any request for review involves any doubtful questions of law, the Benefit Redemption Division shall obtain the advice of the Department's Office of the General Counsel. Subpart B [Removed] 16. Subpart B is removed. Subpart C [Redesignated as Subpart B] 17. Subpart C is redesignated as Subpart B. §§ 279.10 and 279.11 [Redesignated as §§ 279.7 and 279.8] 18. Redesignate §§ 279.10 and 279.11 as §§ 279.7 and 279.8. § 279.7 [Amended] 19. Amend newly redesignated § 279.7 as follows: a. Paragraph

(a)is amended by removing the reference “§ 279.8(e)” and adding in its place the reference “§ 279.5(e)”. b. Paragraph

(b)is amended by removing the words the “officer or”. Dated: July 2, 2003. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. 03-17348 Filed 7-9-03; 8:45 am]

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