67616 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations

the CCC will use the applicable terminal

market price for the last day of the

program quarter announced daily by the

KCCO, FSA, adjusted by the county

average differential for the county in

which the plant is located and the

applicable quality factors determined by

CCC. For this purpose the terminal

market and differential used by CCC in

determining different values for

different locations will, to the extent

practical, be the same as that used for

producers under other major CCC

commodity programs for determining

marketing loan gains and other matters.

(ii) For those agricultural

commodities that do not, as determined

by CCC, have acceptable established

terminal prices, the price shall be as

determined by CCC based on such

market data as appears to be appropriate

for a fair evaluation.

(4) The gross payment calculated

under paragraph (e)(3) of this section

shall be reduced to a net payment by

multiplying the gross payment figure by

the proration factor determined under

paragraph (d) of this section.

(5) Subject to other provisions of this

section, producers shall be paid the net

current payment, if positive, determined

for the first quarter.

(6) After the first quarter, adjustments

shall be made based on changes in

production. New or renewed increases

shall be paid using the formula set out

above using current per unit values.

Refunds, when due, shall be due at the

per unit values at which they were paid

unless CCC determines otherwise.

(7) If despite or in the absence of a

proration under paragraph (d) of this

section funds shall not be sufficient to

cover payments due for any quarter then

CCC shall prorate, or further prorate, the

claims in such manner as CCC deems

fit.

(8) No producer may receive more

than five percent of the available

funding for this program and

determinations of payment eligibility

shall take that limit into account.

§ 1424.9 Reports required.

Once an eligible producer has

submitted an Agreement, Form CCC–

850, that producer shall file information

for each bioenergy producing facility

quarterly through the end of the

applicable FY as specified by CCC.

§ Sec. 1424.10 Succession and control of

facilities and production.

A person who obtains a facility which

is under contract under this part may

request permission to succeed to the

program contract and CCC may grant

such request if it is determined that

permitting such succession would serve

the purposes of the program. As

determined to be appropriate, CCC may

require the consent of the original party

to such succession and likewise CCC

may terminate a contract and demand a

full refund of payments made if a

contracting party loses control of a

facility whose increased production is

the basis of a program payment or

otherwise fails to retain the ability to

assure that all program obligations and

requirements will be met.

§ 1424.11 Maintenance and inspection of

records.

For the purpose of verifying

compliance with the requirements of

this part, each eligible producer shall

make available at one place at all

reasonable times for examination by

representatives of USDA, all books,

papers, records, contracts, scale tickets,

settlement sheets, invoices, written

price quotations, or other documents

related to the program that is within the

control of such entity for not less than

3 years from the payment date.

§ 1424.12 Appeals.

(a) Any producer who is subject to an

adverse determination made under this

part shall have a right to appeal the

determination by filing a written request

with the Deputy Administrator at the

following address: Deputy

Administrator, Commodity Operations,

Farm Service Agency, United States

Department of Agriculture, STOP 0550,

1400 Independence Avenue, SW.,

Washington, DC 20250–0550.

(b) Any producer who believes that

they have been adversely affected by a

determination under this part must seek

review with the Deputy Administrator

within thirty days of such

determination, unless provided with

notice by FSA which provides a

different time for appealing.

(c) Any producer who believes that

they have been adversely affected by a

determination by the Agency, must seek

review with the Deputy Administrator

before any other review may be

requested within the Agency.

§ 1424.13 Misrepresentation and scheme

or device.

(a) A producer shall be ineligible to

receive payments under this program if

CCC determines the producer:

(1) Adopted any scheme or device

which tends to defeat the purpose of the

program in this part;

(2) Made any fraudulent

representation; or

(3) Misrepresented any fact affecting a

program determination.

(b) Any funds disbursed pursuant to

this part to a producer engaged in a

misrepresentation, scheme, or device, or

to any other person as a result of the

bioenergy producer’s actions, shall be

refunded with interest together with

such other sums as may become due,

plus damages as may be determined by

CCC.

(c) Interest charged under this part

shall at the rate of interest which the

United States Treasury charges CCC for

funds, as of the date CCC made such

funds available. Such interest shall

accrue from the date such payments

were made available to the date of

repayment or the date interest increases

as determined in accordance with

applicable regulations.

(d) CCC may waive the accrual of

interest and or damages if CCC

determines that the cause of the

erroneous determination was not due to

any action of the bioenergy producer.

(e) Any producer or person engaged in

an act prohibited by this section and

any producer or person receiving

payment under this part shall be jointly

and severally liable for any refund due

under this part and for related charges.

(f) The remedies provided in this part

shall be in addition to other civil,

criminal, or administrative remedies

which may apply.

(g) Late payment interest shall be

assessed on all refunds in accordance

with the provisions of, and subject to

the rates prescribed in, 7 CFR part 1403.

(h) Other limitations may apply.

Signed in Washington, DC, on November 7,

2000.

Parks Shackelford,

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 00–28969 Filed 11–7–00; 4:08 pm]

BILLING CODE 3410–05–U

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103 and 214

[INS 1946–98]

RIN 1115–AF29

Delegation of the Adjudication of

Certain Temporary Agricultural Worker

(H–2A) Petitions, Appellate and

Revocation Authority for Those

Petitions to the Secretary of Labor

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule; delay of effective

date.

SUMMARY: The Immigration and

Naturalization Service (Service) is

delaying the effective date of a final rule

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations 67617

previously published in the Federal

Register on July 13, 2000, at 65 FR

43528–43534 which delegated the

adjudication of certain petitions for

agricultural workers (H–2A) to the

United States Department of Labor

(DOL).

DATES: The effective date for the

regulation published on July 13, 2000, at

65 FR 43528–43534 amending 8 CFR

parts 103 and 214 is delayed from

November 13, 2000, until October 1,

2001.

FOR FURTHER INFORMATION CONTACT: John

W. Brown, Adjudications Officer,

Benefits Division, Immigration and

Naturalization Service, 425 I Street NW.,

Room 3214, Washington, DC 20536,

telephone (202) 514–3228.

SUPPLEMENTARY INFORMATION: On July

13, 2000, the Service published a final

rule in the Federal Register at 65 FR

43528–43534 delegating the authority to

adjudicate certain H–2A petitions to the

DOL. The final rule, which amended 8

CFR parts 103 and 214, was to take

effect on November 13, 2000. The delay

in the effective date of the final rule will

afford the public as much opportunity

as possible to become familiar with the

new procedures in the issuance of

temporary employment of

nonimmigrant aliens in agriculture in

the United States.

Dated: November 7, 2000.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 00–29008 Filed 11–9–00; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 93

[Docket No. 00–028–1]

Importation of Horses, Ruminants,

Swine, and Dogs; Inspection and

Treatment for Screwworm

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the animal

import regulations to require horses,

ruminants, and swine that are imported

from regions of the world where

screwworm is considered to exist to be

inspected and treated, under certain

conditions, for screwworm. We are also

amending the regulations to require

dogs that are imported from regions of

the world where screwworm is

considered to exist to be inspected and,

if necessary, treated for screwworm.

This action is necessary to prevent the

introduction of screwworm into the

United States.

DATES: This interim rule is effective

November 13, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by January 12, 2001.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–028–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238.

Please state that your comment refers

to Docket No. 00–028–1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue,

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Glen I. Garris, Supervisory Staff Officer,

Regionalization Evaluation Services

Staff, National Center for Import and

Export, VS, APHIS, 4700 River Road

Unit 39, Riverdale, MD 20737–1231;

(301) 734–4356.

SUPPLEMENTARY INFORMATION:

Background

Screwworm is a pest native to tropical

areas of South America, the Indian

subcontinent, Southeast Asia, tropical

and sub-Saharan Africa, and the

Arabian peninsula that causes extensive

damage to livestock and other

warmblooded animals. The adult female

screwworm typically lays her eggs in

the open wounds of warmblooded host

animals. Screwworm larvae hatch in as

little as 12 hours and begin to feed on

the raw flesh of the host animal; they

are fully grown within 5 to 7 days after

hatching. The fully grown larvae then

drop from the host and tunnel into the

soil, where they form protective cases to

house themselves while they pupate.

Adult screwworm flies emerge from

these pupal cases and are ready to mate

again within 3 to 5 days.

Screwworm was eradicated from the

United States in 1966. However, in July

of 1999, and again in February and

March of 2000, screwworm larvae were

found in horses that were imported into

the United States from Venezuela and

Argentina.

The regulations in 9 CFR part 93

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals and birds into the

United States to prevent the

introduction of communicable diseases

of livestock and poultry. Subparts C, D,

E, and F of the regulations govern the

importation of horses, ruminants, swine,

and dogs, respectively.

We are amending the animal import

regulations to require horses, ruminants,

and swine that are imported from

regions of the world where screwworm

is considered to exist to be inspected

and treated, under certain conditions,

for screwworm. We are also amending

the regulations to require dogs that are

imported from regions of the world

where screwworm is considered to exist

to be inspected and, if necessary, treated

for screwworm. We are taking this

action in order to prevent the

introduction of screwworm into the

United States.

Screwworm is considered to exist in

the following regions of the world:

Angola, Argentina, Bahrain, Bangladesh,

Benin, Bolivia, Botswana, Brazil,

Brunei, Burkina Faso, Burundi,

Cambodia, Cameroon, Central African

Republic, China, Columbia, Congo,

Dominican Republic, Ecuador,

Equatorial Guinea, French Guiana,

Gabon, Gambia, Ghana, Guinea, GuineaBissau, Guyana, Haiti, India, Indonesia,

Iraq, Ivory Coast, Jamaica, Kenya,

Kuwait, Laos, Lesotho, Liberia, Macau,

Malawi, Malaysia, Mali, Mauritania,

Mozambique, Myanmar, Namibia,

Nigeria, Oman, Pacific Islands (Palau),

Panama, Papua New Guinea, Paracel

Islands, Paraguay, Peru, Philippines,

Qatar, Rwanda, Saudi Arabia, Senegal,

Sierra Leone, Singapore, South Africa,

Spratly Islands, Sri Lanka, Surinam,

Swaziland, Taiwan, Tanzania, Thailand,

Togo, Trinidad and Tobago, Uganda,

United Arab Emirates, Uruguay,

Venezuela, Vietnam, Zaire, Zambia, and

Zimbabwe. Screwworm is also

considered to exist on Isla de Pascua

(Easter Island), which is part of Chile.

As of the effective date of this rule,

horses, ruminants, swine, and dogs may

be imported into the United States from

the regions where screwworm is

considered to exist only if they are

inspected and, if necessary, treated for