2800 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations

to cooperate with store visits shall result

in the denial or withdrawal of

authorization.

(B) Offer for sale perishable staple

food items in at least two staple food

categories. Perishable foods are items

which are either frozen staple food

items or fresh, unrefrigerated or

refrigerated staple food items that will

spoil or suffer significant deterioration

in quality within 2–3 weeks; and

(C) Offer a variety of staple foods

which means different types of foods,

such as apples, cabbage, tomatoes, and

squash in the fruit or vegetable staple

food category, or milk, cheese, butter

and yogurt in the dairy category. Variety

of foods is not to be interpreted as

different brands, different nutrient

values, different varieties of packaging,

or different package sizes. Similar

processed food items with varying

ingredients such as, but not limited to,

sausages, breakfast cereals, milk, sliced

breads, and cheeses, and similar

unprocessed food items, such as, but not

limited to, different varieties of apples,

cabbage, tomatoes, or squash shall not

each be considered as more than one

staple food variety for the purpose of

determining variety. Multiple ingredient

food items intended for home

preparation and consumption, such as,

but not limited to, cold pizza, macaroni

and cheese, soup, or frozen dinners,

shall only be counted as one staple food

variety each and will normally be

included in the staple food category of

the main ingredient as determined by

the FNS.

(iii) Application of Criterion B. In

order to qualify under this criterion,

firms must have more than 50 percent

of their total gross retail sales in staple

food sales. Total gross retail sales must

include all retail sales of a firm,

including food and non-food

merchandise, as well as services, such

as rental fees, professional fees, and

entertainment/sports/games income.

However, a fee directly connected to the

processing of staple foods, such as raw

meat, poultry, or fish by the service

provider, may be calculated as staple

food sales under Criterion B.

(iv) Ineligible firms. Firms that do not

meet the eligibility requirements in this

section or that do not effectuate the

purpose of the Food Stamp Program

shall not be eligible for program

participation. New applicant firms that

are found to be ineligible will be denied

authorization to participate in the

program, and authorized retail food

stores found to be ineligible will be

withdrawn from program participation.

Ineligible firms under this paragraph

include, but are not limited to, stores

selling only accessory foods, including

spices, candy, soft drinks, tea, or coffee;

ice cream vendors selling solely ice

cream; and specialty doughnut shops or

bakeries not selling bread. In addition,

firms that are considered to be

restaurants, that is, firms that have more

than 50 percent of their total gross retail

sales in hot and/or cold prepared foods

not intended for home preparation and

consumption, shall not qualify for

participation as retail food stores under

Criterion A or B. This includes firms

that primarily sell prepared foods that

are consumed on the premises or sold

for carryout. Such firms may qualify,

however, under the special restaurant

programs that serve the elderly,

disabled, and homeless populations, as

set forth in paragraph (d) of this section.

(v) Wholesale food concerns.

Wholesale food concerns, the primary

business of which is the sale of eligible

food at wholesale, and which meet the

staple food requirements in paragraph

(b) of this section, shall normally be

considered to have adequate food

business for the purposes of the

program, provided such concerns meet

the criteria specified in paragraph (c) of

this section.

(vi) Co-located wholesale food

concerns. * * *

* * * * *

(q) * * * With the exception of EINs

and SSNs, any information collected

from retail food stores and wholesale

food concerns, such as ownership

information and sales and redemption

data, may be disclosed for purposes

directly connected with the

administration and enforcement of the

Food Stamp Act and these regulations,

and can be disclosed to and used by

State agencies that administer the

Special Supplemental Nutrition

Program for Women, Infants and

Children (WIC). Such information may

also be disclosed to and used by Federal

and State law enforcement and

investigative agencies for the purpose of

administering or enforcing other Federal

or State law, and the regulations issued

under such other law.* * *

* * * * *

(t) Periodic notification. The FNS will

issue periodic notification to

participating retail stores and wholesale

food concerns to clarify program

eligibility criteria, including the

definitions of ‘‘Retail food store’’,

‘‘Staple foods’’, ‘‘Eligible foods’’, and

‘‘Perishable foods’’. At a minimum, such

information will be provided to stores at

the time of authorization,

reauthorization and upon request.

§ 278.6 [Amended]

4. In § 278.6:

a. Paragraph (a) is amended by

removing the reference to ‘‘$10,000’’

and adding in its place the words ‘‘an

amount specified in §3.91(b)(3)(i) of this

title’’ and removing the reference to

‘‘$20,000’’ and adding in its place the

words ‘‘an amount specified in

§3.91(b)(3)(ii) of this title’’; and

b. Paragraph (g)(3) is amended by

removing the reference to ‘‘$10,000’’ in

the last sentence and adding in its place

the words ‘‘an amount specified in

§3.91(b)(3)(i) of this title’’.

Dated: January 5, 2001.

Shirley R. Watkins,

Under Secretary, Food, Nutrition and

Consumer Services.

[FR Doc. 01–957 Filed 1–11–01; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 760

RIN 0560–AG 39

Dairy Indemnity Payment Program

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

SUMMARY: This final rule amends the

authority citation for the Dairy

Indemnity Payment Program (DIPP)

regulations to cover the expenditure of

additional funds appropriated under the

Agriculture, Rural Development, Food

and Drug Administration, and Related

Agencies Appropriations Act, 2001. The

DIPP indemnifies dairy farmers and

manufacturers for losses suffered with

respect to milk and milk products,

through no fault of their own.

EFFECTIVE DATE: January 12, 2001.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Hill, Agricultural Program

Specialist, Price Support Division, FSA,

USDA, STOP 0512, 1400 Independence

Avenue, SW, Washington, DC 20250–

0512; telephone (202) 720–9888; e-mail

address is

Elizabeth_Hill@wdc.fsa.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

not significant for purposes of Executive

Order 12866 and therefore has not been

reviewed by the Office of Management

and Budget (OMB).

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations 2801

to which this rule applies are Dairy

Indemnity Payments, Number 10.053.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule because the

Farm Service Agency is not required by

5 U.S.C. 533 or any other provision of

law to publish a notice of proposed

rulemaking with respect to the subject

matter of these determinations.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on the quality of the human

environment. Therefore, neither an

environmental assessment nor an

Environmental Impact Statement is

needed.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which require 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).

Executive Order 12988

This rule has been reviewed pursuant

to Executive Order 12988. To the extent

State and local laws are in conflict with

these regulatory provisions, it is the

intent of Commodity Credit Corporation

that the terms of the regulations prevail.

The provisions of this rule are not

retroactive. Prior to any judicial action

in a court of competent jurisdiction,

administrative review under 7 CFR part

780 must be exhausted.

Unfunded Mandates Reform Act of

1995

This rule contains no Federal

mandates under the regulatory

provision 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 205 of UMRA.

Paperwork Reduction Act

The amendment to 7 CFR part 760 set

forth in this final rule does not contain

additional information collections that

require clearance by the Office of

Management and Budget under the

provisions of 44 U.S.C. chapter 35.

Existing information collections were

approved by OMB and assigned OMB

Control Number 0560–0116.

Background

The DIPP was originally authorized

by section 331 of the Economic

Opportunity Act of 1964. The statutory

authority for the program was extended

several times. Funds were appropriated

for DIPP by the Agriculture, Rural

Development, Food and Drug

Administration, and Related Agencies

Act, 1999, (the 1999 Act), Pub. L. 105–

277, 112 Stat. 2681, and, more recently,

the Agriculture, Rural Development,

Food and Drug Administration, and

Related Agencies Appropriations Act,

2000 (the 2000 Act), Pub. L. 106–78, 113

Stat. 1135, both of which authorized the

program to be carried out until the

funds appropriated were expended.

Most recently, the Agriculture, Rural

Development, Food and Drug

Administration, and Related Agencies

Appropriations Act, 2001 (the 2001

Act), Pub. L. 106–387, 114 Stat 1549

also appropriated funds and authorized

the program to be carried out until the

funds are expended. Not all the funds

appropriated under the previous Acts

have been expended and the remaining

funds are still available in addition to

the funds appropriated under the 2001

Act.

The objective of DIPP is to indemnify

dairy farmers and manufacturers of

dairy products who, through no fault of

their own, suffer income losses with

respect to milk or milk products

removed from commercial markets

because such milk or milk products

contain certain harmful residues. In

addition, dairy farmers can also be

indemnified for income losses with

respect to milk required to be removed

from commercial markets due to

residues of chemicals or toxic

substances or contamination by nuclear

radiation or fallout.

The regulations governing the

program are set forth at 7 CFR Part 760.

This rule makes no changes in the

provisions of the regulations. Since the

only purpose of this final rule is to

revise the authority citation pursuant to

the 2001 Act, it has been determined

that no further public rulemaking is

required. Therefore, this final rule shall

become effective upon the date of

publication in the Federal Register.

List of Subjects in 7 CFR Part 760

Dairy products, Indemnity payments,

Pesticides and pests.

Accordingly, 7 CFR part 760 is

amended as follows:

PART 760—INDEMNITY PAYMENT

PROGRAMS

Subpart—Dairy Indemnity Payment

Program

The authority citation for Subpart—

Dairy Indemnity Payment Program is

revised to read as follows:

Authority: Pub. L. 105–277, 112 Stat. 2681,

and Pub. L. 106–78, 113 Stat. 1135, and Pub.

L. 106–387, 114 Stat. 1549.

Dated: January 4, 2001.

Keith Kelly,

Administrator, Farm Service Agency.

[FR Doc. 01–1017 Filed 1–11–01; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–AEA–04FR]

Amend Class E Airspace: Westminster,

MD

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule.

SUMMARY: This action amends Class E

airspace at Clearview Airpark (2W2),

Westminster, MD. This action is made

necessary by the development of a

Standard Instrument Approach

Procedure (SIAP) based on the Global

Positioning System (GPS) at Clearview

Airpark. Sufficient controlled airspace

is needed to accommodate the SIAP and

for Instrument Flight Rules (IFR)

operations at the airport. The area

would be depicted on aeronautical

charts for pilot reference.

EFFECTIVE DATE: 0901 UTC December 27,

2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis Jordan, Airspace Specialist,

Airspace Branch, AEA–520, Air Traffic

Division, Eastern Region, Federal

Aviation Administration, 1 Aviation

Plaza, Jamaica, New York 11434–4809,

telephone: (718) 553–4521.

SUPPLEMENTARY INFORMATION:

History

On September 11, 2000 a notice

proposing to amend Part 71 of the

Federal Aviation Regulations (14 CFR

Part 71) by establishing Class E airspace

extending upward from 700 feet Above

Ground Level (AGL) at Clearview

Airpark, Westminster, MD was

published in the Federal Register (65

FR 54825). Interested parties were

invited to participate in this rulemaking