This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

65058

Vol. 62, No. 237

Wednesday, December 10, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV97–357]

Information About Legislative Changes

in Civil Penalties for a

Misrepresentation or Misbranding

Violation Under the Perishable

Agricultural Commodities Act (PACA)

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Notice.

SUMMARY: In accordance with the Debt

Collection Improvement Act of 1996

(Public Law 104–134), this document

gives notice to the public of a 10 percent

increase in the civil penalties found in

§ 46.45 of the PACA regulations which

outlines the procedures for

administering the misrepresentation or

misbranding provisions under section

2(5) of the PACA (7 U.S.C. 499b(5)).

DATE: December 10, 1997.

ADDITIONAL INFORMATION: Contact

Charles W. Parrott, Assistant Chief,

PACA Branch, Fruit and Vegetable

Division, Agricultural Marketing

Service, U.S. Department of Agriculture,

P.O. Box 96456, Room 2095-South,

Washington, D.C. 20090–6456;

telephone (202) 720–4180; fax (202)

690–4413.

SUPPLEMENTARY INFORMATION: Public

Law 104–134, the Debt Collection

Improvement Act of 1996, which

amended the Federal Civil Penalties

Inflation Act of 1990 (Public Law 101–

410), requires that all civil monetary

penalties be increased periodically to

keep pace with inflation. The first

adjustment to a penalty may not exceed

10 percent of the original penalty and

applies only to those violations

occurring after the effective date of the

increase, September 2, 1997.

The PACA establishes a code of fair

trading practices covering the marketing

of fresh and frozen fruits and vegetables

in interstate and foreign commerce. The

PACA protects growers, shippers,

distributors, and retailers dealing in

those commodities by prohibiting unfair

and fraudulent practices. The

Department of Agriculture’s

Agricultural Marketing Service (AMS)

enforces the PACA.

Under section 2(5) of the PACA, it is

a violation a commission merchant,

dealer, or broker to misrepresent by

word, act, mark, stencil, label,

statement, or deed, the character, kind,

grade, quality, quantity, size, pack,

weight, condition, degree, or maturity,

or State, country, region of origin of any

perishable agricultural commodity

received, shipped, sold, or offered to be

sold in interstate or foreign commerce.

Provided the violations are not repeated

or flagrant, the dealer, commission

merchant, or broker who violated the

misbranding provisions may admit to

the violation, or violations, and pay a

monetary penalty in lieu of a formal

proceeding for the suspension or

revocation of its license.

By regulation published in the

Federal Register (62 FR 40924) on July

31, 1997, the maximum penalty was

increased by 10 percent, from $2,000 to

$2,200, effective September 2, 1997. In

addition to the $2,200 maximum

penalty, the PACA regulations (7 CFR

46,45(c)) set forth the sanction policy

that includes informal warning letters

and lesser monetary penalties that AMS

may assess against a dealer, commission

merchant or broker for a misbranding

violation, depending on the seriousness

of the violation and the number of

previous violations committed by the

violator company. The amended

schedule for informal disposition of

these violations is as follows:

VIOLATION: DISPOSITION:

1st .............................................................................................. .............................................................. Warning Letter

2nd ............................................................................................. .............................................................. Warning Letter

IF SERIOUS VIOLATION: IF VERY SERIOUS VIOLATION:

3rd .............................................................................................. $220 ..................................................... $275

4th .............................................................................................. $385 ..................................................... $550

5th .............................................................................................. $550 ..................................................... $1,100

6th .............................................................................................. $1,100 .................................................. $2,200

7th .............................................................................................. $2,200 .................................................. $2,200

The informal disposition of

misrepresentation violations is not

limited to seven occurrences and will be

considered for further violations.

Dated: December 3, 1997.

Robert C. Keeney,

Deputy Administrator,

Fruit and Vegetable Programs.

[FR Doc. 97–32244 Filed 12–9–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Forest Service

Eagle Bird Project; Idaho Panhandle

National Forests, Shoshone County, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an

environmental impact statement.

SUMMARY: The St. Joe Ranger District of

the Idaho Panhandle National Forest is

considering vegetation, road and trail

activities in the Eagle Bird Project. The

project area is located approximately 13

miles east of the town of Avery on the

St. Joe River.

The interdisciplinary team has

reviewed the current conditions which

indicated the project area could benefit

from treatment. The purpose and need

is summarized below.

1. Restore properly functioning

hydrologic conditions. 2. At the project

level, implement the Idaho Governor’s

Bull Trout Plan. 3. Move vegetation

toward historical conditions. 4. Reduce

the risk of mountain pine beetle in the