This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

43992 

Vol. 71, No. 149 

Thursday, August 3, 2006 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 250 

RIN 0584–AD45 

Management of Donated Foods in 

Child Nutrition Programs, the Nutrition 

Services Incentive Program, and 

Charitable Institutions; Extension of 

Comment Period 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: The Food and Nutrition 

Service, USDA, is extending the public 

comment period on the proposed rule 

entitled ‘‘Management of Donated Foods 

in Child Nutrition Programs, the 

Nutrition Services Incentive Program, 

and Charitable Institutions,’’ which was 

published in the Federal Register on 

June 8, 2006 at 71 FR 33344. This 

document extends the public comment 

period from August 7, 2006 to 

September 7, 2006, in order to provide 

the public additional time to review the 

proposed rule. 

DATES: Comments must be received on 

or before September 7, 2006. 

ADDRESSES: Comments may be 

submitted, identified by RIN number 

0584–AD45, by any of the following 

methods: 

E-mail: Send comments to 

Robert.Delorenzo@fns.usda.gov. Include 

RIN number 0584–AD45 in the subject 

line of the message. 

Fax: Submit comments by facsimile 

transmission to (703) 305–2420. Disk or 

CD–ROM: Submit comments on disk or 

CD–ROM to Lillie F. Ragan, Assistant 

Branch Chief, Policy Branch, Food 

Distribution Division, Food and 

Nutrition Service, U.S. Department of 

Agriculture, Room 500, 3101 Park 

Center Drive, Alexandria, Virginia 

22302–1594. 

Mail: Send comments to Lillie F. 

Ragan at the above address. 

Hand Delivery or Courier: Deliver 

comments to the above address. 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed rule, 

contact Lillie F. Ragan at the above 

address or telephone (703) 305–2662. 

Dated: July 27, 2006. 

George A. Braley, 

Associate Administrator, Food and Nutrition 

Service. 

[FR Doc. E6–12494 Filed 8–2–06; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1483 

RIN 0551–AA68 

Quality Samples Program 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish regulations applicable to the 

Quality Samples Program (QSP). The 

proposed regulations set forth details 

concerning program administration, 

including participant eligibility, 

application requirements, review and 

allocation process, reimbursement rules 

and procedures, and program controls. 

DATES: Comments concerning this rule 

should be received on or before October 

2, 2006 to be assured consideration. 

ADDRESSES: Comments must be 

submitted to Director, Marketing 

Operations Staff, Foreign Agricultural 

Service, U.S. Department of Agriculture, 

Stop 1042, 1400 Independence Ave., 

SW., Washington, DC 20250–1042; by 

phone at (202) 720–4327; by fax at (202) 

720–9361; or by e-mail at 

mosadmin@fas.usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marketing Operations Staff by phone at 

(202) 720–4327; by fax at (202) 720– 

9361; or by e-mail at 

mosadmin@fas.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This rule is issued in conformance 

with Executive Order 12866. It has been 

determined non-significant for the 

purposes of Executive Order 12866. 

Regulatory Flexibility Act 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this rule because the 

Commodity Credit Corporation is not 

required by any provision of law to 

publish a notice of proposed rulemaking 

with respect to the subject matter of this 

rule. 

Executive Order 12988 

This proposed rule has been reviewed 

in accordance with Executive Order 

12988, Civil Justice Reform. The rule 

would have preemptive effect with 

respect to any State or local laws, 

regulations or policies which conflict 

with such provisions or which 

otherwise impede their full 

implementation; would not have 

retroactive effect, and does not require 

administrative proceedings before suit 

may be filed. 

Executive Order 12372 

This program is not subject to the 

provisions of Executive Order 12372, 

which require intergovernmental 

consultation with State and local offices 

(See the notice related to 7 CFR part 

3014, subpart V, published at 48 FR 

29115). 

The Unfunded Mandates Reform Act of 

1995 

This rule contains no Federal 

mandates under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

for State, local and tribal governments 

or the private sector. Thus, this rule is 

not subject to the requirements of 

sections 202 and 204 of the UMRA. 

Executive Order 13132 

It has been determined that this rule 

does not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism impact statement. The 

provisions contained in this rule will 

not have a substantial direct effect on 

States or their political subdivisions, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 


hsrobinson on PROD1PC69 with PROPOSALS
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules 43993 

Paperwork Reduction Act of 1995 

In accordance with section 3507(j) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Commodity 

Credit Corporation (CCC) requests 

approval of a new information 

collection in support of the Quality 

Samples Program. 

Title: Quality Samples Program. 

OMB Control Number: Not yet 

assigned. 

Type of Request: Approval of an 

information collection. 

Abstract: This information is needed 

to administer CCC’s Quality Sample 

Program. The information will be 

gathered from applicants desiring to 

receive grants under the program to 

determine the viability of requests for 

funds. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 32 hours per year 

per respondent. 

Respondents: U.S. government 

agencies, State government agencies, 

non-profit trade associations, 

agricultural cooperatives, and private 

companies. 

Estimated Number of Respondents: 

30. 

Estimated Number of Responses per 

Respondent: 5. 

Estimated Total Annual Burden on 

Respondents: 960 hours. 

Proposed topics for comments are: (a) 

Whether the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; or (d) ways 

to minimize the burden of the collection 

of information on those who are to 

respond, including the use of 

appropriate automated, electronic, 

mechanical or other technological 

collection techniques or other forms of 

information technology. Comments 

should be sent to the Desk Officer for 

Agriculture, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Washington, 

DC 20503 and to: Director, Marketing 

Operations Staff, Foreign Agricultural 

Service, Stop 1042, U.S. Department of 

Agriculture, 1400 Independence Ave., 

SW., Washington, DC 20250–1042. 

Copies of this information collection 

may be obtained from Tamoria 

Thompson, FAS’ Information Collection 

Coordinator, at (202) 690–1690. 

Government Paperwork Elimination 

Act 

The Foreign Agricultural Service is 

committed to compliance with the 

Government Paperwork Elimination Act 

(GPEA), which requires Government 

agencies, in general, to provide the 

public the option of submitting 

information or transacting business 

electronically to the maximum extent 

possible. Accordingly, applications for 

participation in the Quality Samples 

Program may be submitted online. 

Payment transactions will be handled 

both electronically and in paper form. 

Background 

Section 5(f) of the CCC Charter Act, 15 

U.S.C. 714c(f) authorizes CCC to aid in 

the development and expansion of 

export markets for U.S. agricultural 

commodities. The QSP is intended to 

accomplish this market development by 

assisting U.S. entities provide 

commodity samples to potential foreign 

importers to promote better 

understanding and appreciation for the 

high quality of U.S. agricultural 

products. The QSP is administered by 

personnel of the Foreign Agricultural 

Service. 

List of Subjects in 7 CFR Part 1483 

Agriculture commodities, Exports. 

Accordingly, CCC proposes to amend 

Title 7 of the Code of Federal 

Regulations by adding a new part 1483 

to read as follows: 

PART 1483—QUALITY SAMPLES 

PROGRAM 

Sec. 

1483.1 What is the Quality Samples 

Program? 

1483.2 What special definitions apply to 

the QSP? 

1483.3 Who can apply to the QSP? 

1483.4 What type of activity is appropriate 

for the QSP? 

1483.5 What may be reimbursed under the 

QSP? 

1483.6 What is the process for submitting 

proposals? 

1483.7 How are proposals evaluated? 

1483.8 How are agreements formalized? 

1483.9 How are payments made? 

1483.10 What are the reporting 

requirements? 

1483.11 How is program compliance 

monitored? 

1483.12 Miscellaneous provisions 

Authority: Section 5(f) of CCC Charter Act, 

15 U.S.C. 714(c)(f). 

§ 1483.1 What is the Quality Samples 

Program? 

The Quality Samples Program (QSP) 

is designed to encourage the 

development and expansion of export 

markets for U.S. agricultural 

commodities by assisting U.S. entities in 

providing commodity samples to 

potential foreign importers to promote a 

better understanding and appreciation 

for the high quality of U.S. agricultural 

commodities. The QSP is administered 

by personnel of the Foreign Agricultural 

Service (FAS). Under the QSP, a 

participant would provide information 

to target audiences regarding the 

attributes, characteristics, and proper 

use of U.S agricultural commodities. 

§ 1483.2 What special definitions apply to 

the QSP? 

For purposes of this part, the 

following definitions apply: 

Activity—A project undertaken to 

provide an appropriate sample of a U.S. 

agricultural commodity and appropriate 

technical assistance to a foreign 

importer, or a group of foreign 

importers, in a given market. 

Affiliate—Any partnership, 

association, company, corporation, 

trust, or any other such party in which 

the participant or its membership has an 

investment, other than in a mutual fund. 

CCC—Commodity Credit Corporation. 

Eligible Organization—Any United 

States private or government entity with 

a demonstrated role or interest in 

exporting U.S. agricultural 

commodities. 

FAS—Foreign Agricultural Service, 

United States Department of 

Agriculture. 

QSP—Quality Samples Program. 

Sample—A U.S. agricultural 

commodity provided to a foreign 

importer, or group of foreign importers 

in quantities less than a typical 

commercial sale and limited to the 

amount sufficient to achieve the goals of 

an activity approved by CCC. 

UES—Unified Export Strategy. 

§ 1483.3 Who can apply to the QSP? 

Any United States private or 

government entity with an interest in 

exporting U.S. agricultural commodities 

may apply to the program. Government 

organizations include Federal, State, 

and local agencies. Private organizations 

include non-profit trade associations, 

universities, agricultural cooperatives, 

state regional trade groups, and profitmaking entities. 

§ 1483.4 What type of activity is 

appropriate for the QSP? 

(a) In order to be approved for funding 

under this part: 

(1) A QSP activity must provide broad 

benefit to the represented U.S. industry 

and not to a specific company or brand; 

(2) A QSP activity must target a single 

market/commodity combination and 

develop a new market for a U.S. 


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product, promote a new U.S. product, or 

promote a new use for a U.S. product, 

rather than promote the substitution of 

one established U.S. product for 

another; 

(3) Samples provided under a QSP 

activity must represent commodities 

that are in sufficient supply and 

available on a commercial basis; 

(4) A QSP activity shall either subject 

the commodity sample to further 

processing or substantial transformation 

in the importing country, or the sample 

must be used in technical seminars 

designed to demonstrate to an 

appropriate target audience the proper 

preparation or use of the sample in the 

creation of an end product; 

(5) Samples provided in a QSP 

activity shall not be directly used as part 

of a retail promotion or supplied 

directly to consumers. However, the end 

product, i.e., the product resulting from 

further processing, substantial 

transformation, or a technical seminar, 

may be provided to end-use consumers 

to demonstrate to importers consumer 

preference for that end product; and, 

(6) A QSP activity must include the 

provision of technical assistance to 

facilitate successful use of the sample by 

the target audience. 

(b) QSP activities shall target foreign 

importers or entities that meet at least 

one of the following criteria: 

(1) Have not previously purchased the 

U.S. commodity that will be sampled 

under the QSP; 

(2) Are unfamiliar with the variety, 

quality attribute, or end-use 

characteristic of the U.S. commodity 

which will be sampled under the QSP; 

(3) Have been unsuccessful in 

previous attempts to import, process, 

and market the U.S. commodity which 

will be sampled under the QSP (because 

of improper specification, blending, or 

formulation; or sanitary or 

phytosanitary issues); or 

(4) Need technical assistance in 

processing or using the U.S. commodity 

that will be sampled under the QSP. 

§ 1483.5 What may be reimbursed under 

the QSP? 

(a) Each QSP participant is 

responsible for procuring (or arranging 

for the procurement of) commodity 

samples, transporting the samples from 

the point of purchase to the destination, 

and providing at the destination the 

technical assistance necessary to 

facilitate successful use of the samples 

by the target audience. Participants that 

are funded under this annoucement may 

seek reimbursement for the sample 

purchase price and the costs of 

transporting the samples domestically to 

the port of export and then to the 

foreign port, or point of entry. 

Transportation costs from the foreign 

port, or point of entry to the final 

destination will not be eligible for 

reimbursement. CCC will not reimburse 

the costs incidental to purchasing and 

transporting samples, for example, 

inspection or documentation fees. 

Although providing technical assistance 

is required for all projects, CCC will not 

reimburse the costs of providing 

technical assistance. A QSP participant 

will be reimbursed after CCC reviews its 

reimbursement claim and determines 

that the claim is complete. 

(b) The number of activities per 

participant will not be limited. 

However, individual activities will be 

limited to $75,000 of QSP 

reimbursement. Activities comprised of 

technical preparation seminar, i.e., 

projects that do not include further 

processing or substantial 

transformation, will be limited to 

$15,000 of QSP reimbursement as these 

projects require smaller samples. CCC 

will not reimburse expenditures made 

prior to approval or a proposal or 

unreasonable expenditures. 

§ 1483.6 What is the process for 

submitting proposals? 

(a) CCC will periodically announce 

that it is accepting proposals for 

participation in the QSP. The 

announcement will contain relevant 

information such as application 

deadlines. Proposals must be submitted 

in accordance with the terms of the 

announcement. 

(b) Organizations can submit 

applications to CCC through FAS’

Unified Export Strategy (UES) 

application Internet Web site. 

Applicants also have the option of 

submitting electronic versions in the 

UES format (along with two paper 

copies) of their applications. However, 

the UES format is not required. 

(c) To be considered for the QSP, an 

applicant must submit information 

detailed in this part. In addition, all 

applicants must submit a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number. An applicant 

may request a DUNS number at no cost 

by calling the dedicated toll-free DUNS 

number request line at 1–866–705–5711. 

Incomplete applications and 

applications which do not otherwise 

conform to this part will not be accepted 

for review. 

(d) Applicants to the QSP are not 

required to submit proposals in any 

specific format; however, proposals 

should contain, at a minimum, the 

following: 

(1) Organizational information, 

including: 

(i) Organization’s name, address, 

Chief Executive Officer (or designee), 

Federal Tax Identification Number 

(TIN), and DUNS number; 

(ii) Type of organization; 

(iii) Name, telephone number, fax 

number, and e-mail address of the 

primary contact person; 

(iv) A description of the organization 

and its membership; 

(v) A description of the organization’s 

prior export promotion experience; and 

(vi) A description of the 

organization’s experience in 

implementing an appropriate trade/ 

technical assistance component; 

(2) Market information, including: 

(i) An assessment of the market; 

(ii) A long-term strategy in the market; 

and 

(iii) U.S. export value, volume and 

market share (historic and goals) for the 

time period specified in the applicable 

announcement; 

(3) Project information, including: 

(i) A brief activity title; 

(ii) Amount of funding requested; 

(iii) A brief description of the specific 

market development trade constraint or 

opportunity to be addressed by the 

activity, performance measures for the 

time period specified in the applicable 

announcement, which will be used to 

measure the effectiveness of the project, 

a benchmark performance measure as 

specified in the applicable 

announcement, the viability of long 

term sales to this market, the goals of 

the activity, and the expected benefits to 

the represented industry; 

(iv) A description of the activities 

planned to address the constraint or 

opportunity, including how the sample 

will be used in the end-use performance 

trial, the attributes of the sample to be 

demonstrated and its end-use benefit, 

and details of the technical servicing 

component (including who will provide 

and who will fund this component); 

(v) A sample description (i.e., 

commodity, quantity, quality, type, and 

grade), including a justification for 

selecting a sample with such 

characteristics (this justification should 

explain in detail why the activity could 

not be effective with a smaller sample); 

(vi) An itemized list of all estimated 

costs associated with the activity for 

which reimbursement will be sought; 

(vii) The importer’s role in the 

activity, including its handling and 

processing of the commodity sample; 

and 

(viii) Information indicating all 

funding sources and amounts to be 

contributed by each entity that will 

supplement implementation of the 

proposed project. This may include the 

organization that submitted the 


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proposal, private industry entities, host 

governments, foreign third parties, CCC, 

FAS, or other Federal agencies. 

Contributed resources may include cash 

or goods and services. 

§ 1483.7 How are proposals evaluated? 

(a) All proposals will be reviewed 

against the evaluation criteria contained 

herein and funds will be awarded on a 

competitive basis. FAS will use the 

following criteria in evaluating 

proposals: 

(1) The ability of the organization to 

provide an experienced staff with the 

requisite technical and trade experience 

to execute the proposal; 

(2) The extent to which the proposal 

is targeted to a market in which the 

United States is generally competitive; 

(3) The potential for expanding 

commercial sales in the proposed 

market; 

(4) The nature of the specific market 

constraint or opportunity involved and 

how well it is addressed by the 

proposal; 

(5) The extent to which the importer’s 

contribution in terms of handling and 

processing enhances the potential 

outcome of the project; 

(6) The amount of reimbursement 

requested and the organization’s 

willingness to contribute resources, 

including cash and goods and services 

of the U.S. industry and foreign third 

parties; and 

(7) How well the proposed technical 

assistance component assures that 

performance trials will effectively 

demonstrate the intended end-use 

benefit. 

(b) Highest priority for funding will be 

given to meritorious proposals that 

target countries that meet either of the 

following criteria: 

(1) Per capita income as set forth in 

the applicable announcement; and 

population greater than 1 million. 

Proposals may address suitable regional 

groupings, for example, the islands of 

the Caribbean Basin; or 

(2) U.S. market share of imports of the 

commodity identified in the proposal of 

10 percent or less. 

(c) Proposals will be evaluated by the 

applicable FAS commodity division. 

The divisions will review each proposal 

against the factors described above. The 

purpose of this review is to identify 

meritorious proposals, recommend an 

appropriate funding level for each 

proposal based upon these factors, and 

submit the proposals and funding 

recommendations to the Deputy 

Administrator, Commodity and 

Marketing Programs. 

§ 1483.8 How are agreements formalized? 

(a) Under the QSP, CCC enters into 

agreements with approved participants 

to share the costs of certain overseas 

marketing and promotion activities. 

Funding for successful proposals will be 

provided through specific agreements. 

These agreements will incorporate the 

regulations of this part 1483 and the 

proposal as approved by CCC. 

Amendments to these agreements are 

only valid if approved by CCC in 

writing. 

(b) CCC, through FAS, will notify 

each applicant in writing of the final 

disposition of its application. CCC will 

send an approval letter and agreement 

to each approved applicant. The 

approval letter and agreement will 

specify the terms and conditions 

applicable to the project, including the 

levels of QSP funding and any costshare contribution requirements. 

Agreements may also outline specific 

responsibilities of the participant, 

including, but not limited to, arranging 

for transportation of the commodity 

sample within a time limit specified in 

the agreement and timely and effective 

implementation of technical assistance. 

(c) Termination of agreements: CCC 

reserves the right to unilaterally 

terminate QSP agreements where CCC 

has a reasonable basis for concluding 

that there has been a violation of any 

requirements in this part. 

§ 1483.9 How are payments made? 

Financial assistance will be made 

available on a reimbursement basis; that 

is, cash advances will not be made 

available to any QSP participant. 

(a) Following the implementation of 

an activity for which CCC has agreed to 

provide funding, a participant may 

submit claims for reimbursement of 

eligible expenses to the extent that CCC 

has agreed to pay such expenses. Any 

changes to approved activities must be 

approved in writing, and in advance, by 

CCC before any reimbursable expenses 

associated with the change can be 

incurred. A participant will be 

reimbursed after CCC reviews the claim 

and determines that it is complete. 

(b) All claims for reimbursement must 

be received no later than 90 calendar 

days following the expiration or 

termination date of the project 

agreement. 

(c) Participants shall maintain 

complete records which fully identify 

all project expenditures by QSP 

agreement number, project year, country 

or region, activity number and cost 

category. Such records shall be 

accompanied by original documentation 

which supports the expenditures and 

shall be made available to CCC upon 

request. 

(d) Participants shall maintain all 

records and documents relating to QSP 

projects, including the original 

documentation which supports 

expenditures and reimbursement 

claims, for a period of three calendar 

years following the expiration or 

termination date of the project 

agreement, and shall make such records 

and documents available upon request 

to authorized officials of the U.S. 

Government. Such records and 

documents will be subject to 

verification by the FAS Compliance 

Review Staff (CRS). 

(e) CCC may deny a claim for 

reimbursement or may disallow a claim 

for reimbursement that has already been 

paid for any of the following reasons: 

(1) The claim for reimbursement is 

not supported by acceptable 

documentation; 

(2) Project funds were spent on 

unapproved activities: 

(3) The participant violated a 

provision of these regulations, including 

section 1483.12(b). 

(f) In the event that a reimbursement 

claim is overpaid or is disallowed after 

payment has been made, the participant 

shall return the overpayment amount or 

the disallowed amount to the CCC 

within 30 days after realizing the 

overpayment or receiving notification of 

the overpayment or disallowed amount, 

unless the participant avails itself of the 

procedures set forth in § 1483.11(d)–(i). 

§ 1483.10 What are the reporting 

requirements? 

The QSP participant must submit a 

written evaluation report within 90 days 

of the expiration of its QSP agreement. 

Evaluation reports should address all 

performance measures that were 

presented in the proposal. 

§ 1483.11 How is program compliance 

monitored? 

(a) QSP agreements are subject to 

review and verification by the CRS. 

Upon request, a QSP participant shall 

provide to CCC the original documents 

which support the participant’s 

reimbursement claims. 

(b) CRS performs periodic on-site 

reviews of QSP participants to ensure 

compliance with this part, applicable 

federal regulations, and the terms of the 

project agreement. 

(c) The Director, CRS, will notify a 

QSP participant through a compliance 

report when, in the opinion of the 

Director, CRS, it appears based on CRS’

review or other acceptable sources of 

information, including but limited to, 

USDA’s Office of the Inspector General 


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or other federal or state government 

agencies, that CCC is entitled to recover 

funds from the participant. The report 

will state the basis for this action. Upon 

receipt of the compliance report, that 

participant will return the funds to CCC 

within 30 days as set forth in § 1483.9(f), 

unless the participant wishes to pursue 

the procedures set forth below in 

paragraphs (d) through (i) of this 

section. 

(d) A participant may within 60 days 

of the date of the compliance report, 

submit a written response to the 

Director, CRS. The Director, CRS, at his 

or her discretion, may extend the period 

for response up to an additional 30 

days. The response shall include: 

(1) Repayment of any funds 

determined to be due to CCC; 

(2) Submission of documentation or 

evidence or any other required action; 

or 

(3) A request for reconsideration of 

any finding and the supporting 

justification for the request. 

(e) If after review of the compliance 

report and response, the Director, CRS 

determines that the participant owes 

money to CCC, the Director, CRS, will 

so inform the participant and provide a 

detailed basis for the decision. The 

participant has 30 days from the date of 

the Director’s, CRS, determination to 

submit any money owed to CCC or to 

request reconsideration. 

(f) If the participant does not respond 

to the compliance report within the 

required time period, the Director, CRS, 

may initiate action to collect any 

amount owed to CCC pursuant to 7 CFR 

part 1403, Debt Settlement Policies. 

(g) A participant may appeal the 

determinations of the Director, CRS, to 

the Deputy Administrator, CMP. The 

request must be in writing and be 

submitted to the Office of the Deputy 

Administrator, CMP, within 30 days 

following the date of the original 

determination. The participant may 

request a hearing. 

(h) If the participant submits its 

appeal and requests a hearing, the 

Deputy Administrator, or the Deputy 

Administrator’s designee, will set a date 

and time, generally within 60 days. The 

hearing will be an informal proceeding. 

A transcript will not ordinarily be 

prepared unless the participant bears 

the cost of the transcript; however, the 

Deputy Administrator or designee may 

have a transcript prepared at FAS’s 

expense. 

(i) The Deputy Administrator or the 

Deputy Administrator’s designee will 

base the determination on appeal upon 

information contained in the 

administrative record and will endeavor 

to make a determination within 60 days 

after submission of the appeal, hearing, 

or receipt of any transcript, whichever 

is later. The determination of the 

Deputy Administrator will be the final 

determination of FAS. The participant 

must exhaust all administrative 

remedies contained in this section 

before pursuing judicial review of a 

determination by the Deputy 

Administrator. 

§ 1483.12 Miscellaneous provisions. 

(a) Disclosure of Program Information. 

(1) Documents submitted to CCC by 

participants are subject to the provisions 

of the Freedom of Information Act 

(FOIA), 5 U.S.C. 552, 7 CFR part 1, 

subpart A—Official Records, and 

specifically 7 CFR 1.11, ‘‘Handling 

Information from a Private Business.’’

(b) Ethical Conduct. 

(1) A participant shall conduct 

business overseas in accordance with 

the laws and regulations of the country 

in which an activity is carried out. 

(2) A participant shall not use 

program activities or program funds to 

promote private self-interests or to 

conduct private business. 

(3) Participants, members of the 

participating organization, and their 

affiliates are prohibited from using any 

association with this program to make 

export sales of any agricultural 

commodities or products covered under 

the terms of the agreement and from 

using any association with this program 

to charge a fee for facilitating an export 

sale of any agricultural commodities or 

products covered under the terms of the 

agreement. A participant may, however, 

collect check-off funds and membership 

fees that are required for membership in 

the participating organization. 

(4) A participant shall immediately 

report any actions or circumstances that 

have a bearing on the propriety of the 

program in writing to the FAS. 

(c) Additional Program Requirements. 

QSP participants are required to comply 

with cargo preference requirements 

(shipment on U.S. flag vessels, as 

required) and compliance with Fly 

America Act requirements (shipment on 

U.S. air carriers, as required). 

Dated: July 21, 2006. 

Michael W. Yost, 

Administrator, Foreign Agricultural Service, 

and Vice President, Commodity Credit 

Corporation. 

[FR Doc. 06–6652 Filed 8–2–05; 8:45 am] 

BILLING CODE 3410–10–M 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 20, 30, 31, 32, 33, 35, 50, 

61, 62, 72, 110, 150, 170 and 171 

RIN 3150–AH84 

Requirements for Expanded Definition 

of Byproduct Material; Meeting 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Proposed rule; meeting. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has published a 

proposed rule on the Requirements for 

the Expanded Definition of Byproduct 

Material (also known as the NARM 

rulemaking) for public comment (71 FR 

42952; July 28, 2006). The public 

comment period runs from July 28 thru 

September 11, 2006. As part of the 

public comment process, the NRC plans 

to hold a transcribed public meeting to 

solicit comments on the proposed rule. 

The meeting is open to the public, and 

all interested parties may attend. The 

meeting will be held at the NRC’s 

William Oldstead High-Level Waste 

Hearing Facility in Las Vegas, Nevada. 

During the comment period, comments 

may also be mailed to the NRC or 

submitted via fax or e-mail. 

DATES: August 22, 2006, from 9 a.m. to 

12 p.m. (PT) in Las Vegas, NV. 

ADDRESSES: The meeting will be held at 

the NRC’s William Oldstead High-Level 

Waste Hearing Facility—Pacific 

Enterprise Plaza, Building No. 1, 3250 

Pepper Lane, Las Vegas, Nevada 89120. 

FOR FURTHER INFORMATION CONTACT: 

Lydia Chang, telephone: (301) 415–

6319, e-mail: lwc1@nrc.gov or Jayne 

McCausland, telephone: (301) 415–

6219, e-mail: jmm2@nrc.gov of the 

Office of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Attendees are requested to notify 

Jayne McCausland, telephone: (301) 

415–6219, e-mail: jmm2@nrc.gov to 

preregister for the meetings. You will be 

able to register at the meetings, as well. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting is to obtain 

stakeholder comments on the Proposed 

Rule for Requirements for Expanded 

Definition of Byproduct Material. 

Section 651(e) of the Energy Policy Act 

of 2005 expanded the definition of 

byproduct material in Section 11e. of 

the Atomic Energy Act of 1954 to 

include certain naturally occurring and 

accelerator-produced radioactive 

material (NARM) and required the NRC 

to provide a regulatory framework for 

licensing and regulating NARM. The 


hsrobinson on PROD1PC69 with PROPOSALS