Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Rules and Regulations 30803

(5) Participation fees for retail and

trade exhibitions and shows;

(6) The cost of educational training;

(7) The cost of food service

promotions;

(8) Salaries associated with

contractors and employees engaged in

the above activities; and

(9) Capital costs relating to expanding

production of modified wheat gluten or

modified wheat starch for value-added

products.

(b) Costs that may not be paid using

CCC funds are:

(1) Fees paid for helping to prepare

the application for program benefits;

(2) Political fund raising activities;

and

(3) Costs that CCC determines are not

consistent with the intent of the

program.

§ 1482.7 Reports.

(a) A producer submitting an

application must maintain accurate

records and accounts that will

document that all eligibility

requirements under this Part and other

requirements as may be determined by

CCC are met. Such records and accounts

must be retained for three years after the

date of payment to the wheat gluten or

wheat starch producer under this

program. Such records shall be available

at all reasonable times for an audit or

inspection by authorized representatives

of CCC, U.S. Department of Agriculture,

or the Comptroller General of the United

States. Failure to keep, or make

available, such records may result in

refund to CCC of all payments received

plus interest thereon, as determined by

CCC.

(b) Producers participating in the

Value-Added Wheat Gluten and Wheat

Starch Product Market Development

Program must submit a quarterly report

listing completion of activities and costs

incurred under the program.

(c) Participating producers must also

submit a project performance report 60

days after the end of the first year of the

program and 60 days after the end of the

second year of the program. The report

should explain the activities undertaken

to adjust to import competition that

were included in the Agreement. CCC

will review the report following the first

program year. If a participating producer

has not made significant progress in

completing the stated activities in the

first program year as determined by

CCC, CCC may cancel the producer’s

eligibility for the second program year,

and CCC may require the producer to

refund with interest all or some of the

funds received from CCC. If a

participating producer has not made

significant progress in completing the

stated activities in the second program

year as determined by CCC, CCC may

require the producer to refund with

interest some or all of the funds

received from CCC in the second year of

the program.

§ 1482.8 Payment.

(a) The total amount of CCC funds

available to eligible producers for the

first year of this program is $27 million

and the total amount available for the

second (final) year of this program is

$13 million.

(b) The maximum payment rate to an

applicant will be based on an

applicant’s average annual production

of vital wheat gluten from July 1, 1998

through June 30, 2000 relative to the

total average annual U.S. production of

vital wheat gluten of all eligible

applicants.

(c) After receipt and approval of an

eligible producer’s application and

proposal, CCC will issue payment for

the first program year to the applicant.

Upon satisfactory completion of the

activities included in the producer’s

Agreement for the first program year, as

determined by CCC after receipt of the

report required in § 1482.7 (c), CCC will

issue payment for the second program

year to the producer.

§ 1482.9 Debarment and suspension.

The Government-wide debarment and

suspension (Nonprocurement)

regulations and Government

Requirements for Drug-Free Workplace

(Grants), 7 CFR part 3017, Subparts A

through E, apply to this Part.

§ 1482.10 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

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 accrue at the rate of interest which

the United States Treasury charges CCC

for funds. Such interest shall accrue

from the date CCC made such funds

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 producer.

(e) Any producer or person engaged in

an act prohibited by this Part and any

producer or person receiving payment

under this Part, in part because of such

act, shall be jointly and individually

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) Other limitations may apply.

§ 1482.11 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 of the

Farm Service Agency 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 it

has 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 CCC which provides a

different time for appealing.

(c) Any producer who believes that it

has been adversely affected by a

determination by the Agency must seek

review with the Deputy Administrator

before any other review may be

requested by a court of competent

jurisdiction.

§ 1482.12 Expiration.

This program will expire June 5, 2003.

The program shall not be extended.

Signed at Washington, D.C. on June 4,

2001.

J.B. Penn,

President, Commodity Credit Corporation.

[FR Doc. 01–14431 Filed 6–5–01; 10:16 am]

BILLING CODE 3410–10–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 115

RIN 3245–AE74

Surety Bond Guarantee Program

AGENCY: Small Business Administration

(SBA).

ACTION: Direct final rule.

30804 Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Rules and Regulations

SUMMARY: SBA revises our Surety Bond

Guarantee Program rules to conform

them to two recently-enacted statutory

changes. First, the law increases the

eligible contract amount from $1.25

million to $2 million. Second, the law

extends the authorization period of the

Pilot Preferred Surety Bond (PSB)

Program from September 30, 2000 to

September 30, 2003.

DATES: The rule will become effective

on August 7, 2001. Unless adverse

comment is received by July 9, 2001. If

an adverse comment is received, SBA

will publish a timely withdrawal of the

rule in the Federal Register.

ADDRESSES: Send written comments to

Barbara Brannan, Special Assistant,

Office of Surety Guarantees, U.S. Small

Business Administration, 409 3rd Street,

SW, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Robert J. Moffitt, Associate

Administrator, Office of Surety

Guarantees, (202) 205–6540.

SUPPLEMENTARY INFORMATION: This

direct final rule implements provisions

of section 805 of the Small Business

Reauthorization Act of 2000 (Act),

Public Law 106–554, 114 Stat. 2763A–

653 (December 21, 2000), relating to

SBA’s Surety Bond Guarantee (SBG)

Program. The Act increases the contract

amount eligible for SBA-guaranteed

bonding from $1.25 million to $2

million. This rule revises section

115.12(e) ‘‘Amount of contract’’ to effect

that change and makes the necessary

conforming changes to other relevant

sections of SBA’s SBG Program rules.

This Act also extends the duration of

the Pilot Preferred Surety Bond (PSB)

Program for an additional three years.

The PSB Program is a pilot program in

which SBA-selected sureties are

authorized to issue, service and monitor

surety bonds without SBA’s prior

approval. This rule revises section

115.61 to extend the duration of the

Pilot PSB Program from September 30,

2000 to September 30, 2003.

This rule makes no changes to the

current regulations other than those

necessary to conform to the statute. SBA

is publishing this regulation as a direct

final rule because SBA believes the rule

is non-controversial since it is merely

conforming the rules to implement

provisions of the Act that became

effective on December 21, 2000. SBA

believes that this rule will not elicit any

significant adverse comments.

Compliance With Executive Orders

12866, 12988 and 13132, the Regulatory

Flexibility Act (5 U.S.C. 601–612), and

the Paperwork Reduction Act (44

U.S.C. CH. 35)

OMB has determined that this final

rule does not constitute a ‘‘significant

regulatory action’’ for purposes of

Executive Order 12866. ‘‘Significant

regulatory action’’ means any regulatory

action that is likely to result in a rule

that may have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees or loan

programs or the rights and obligations

thereof; and does not raise any novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866. In fiscal year 1999, SBA

guaranteed 2,399 final bonds valued at

$426.1 million, with an average contract

amount of $177,602. In fiscal year 2000,

SBA guaranteed 1,795 final bonds

valued at $328.9 million, with an

average contract amount of $183,247.

For fiscal years 1999 and 2000, SBA

guaranteed an aggregate of only seven

(7) surety bond contracts in the former

statutory maximum amount of $1.25

million. Based upon SBA’s experience

with, and its understanding of, the

surety industry, SBA projects the

guarantee of no more than 10 surety

bond contracts in the new statutory

maximum amount of $2.0 million per

year. At most, this projection would

result in an aggregate increase in

guaranteed amount of less than $7.5

million each year (10 × $750,000 = $7.5

million). The extension of the PSB

Program will result in no discernable

effect on the economy. Neither of the

statutory amendments implemented by

this direct final rule raises any other

significant regulatory action concerns.

SBA has determined that this final

rule will not have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This rule merely

implements provisions of the Act

increasing the maximum surety bond

contract amount that can participate in

the SBG Program and extending the

authorization period of the PSB

Program. This rule does not impose

costs upon the businesses that might be

affected by it. Therefore, it will not have

an annual economic effect of $100

million or more, result in a major

increase in costs or prices, or have a

significant adverse effect on competition

or the United States economy. Few of

the small business contracting concerns

participating in the SBG Program are

projected to take advantage of the new

statutory increase in the contract

amount. This is a tiny fraction of the

total of 13–16 million small business

concerns in the United States. The rule

contains no new information

collections, recordkeeping

requirements, or changes in forms.

For purposes of Executive Order

12988, SBA has determined that this

final rule is drafted, to the extent

practicable, in accordance with the

standards set forth in Section 3 of the

Order.

For purposes of Executive Order

13132, SBA has determined that this

final rule will have no federalism

implications.

For purposes of the Paperwork

Reduction Act, 44 U.S.C. Ch. 35, SBA

has determined that this final rule

contains no new reporting or

recordkeeping requirements.

List of Subjects in 13 CFR Part 115

Claims, Reporting and recordkeeping

requirements, Small businesses, Surety

bond.

For the reasons set forth above, part

115 of Title 13, Code of Federal

Regulations (CFR) is amended as

follows:

PART 115—SURETY BOND

GUARANTEES

1. The authority citation for Part 115

is revised to read as follows:

Authority: 5 U.S.C. app 3; 15 U.S.C. 687b,

687c, 694a, 694b; 694b note, Pub. L. 106–554,

114 Stat. 2763A–653.

§§ 115.12, 115.19, 115.31, 115.60 and 115.68

[Amended]

2. Amend Sections 115.12(e)(1);

115.12(e)(3); 115.19(a); 115.31(d);

15.60(a)(1); and 115.68 by removing the

‘‘$1,250,000’’ each time it appears and

inserting in its place ‘‘$2,000,000’’.

§ 115.31 [Amended]

3. Revise the final sentence of section

115.31(d) to read ‘‘For example if a

Contract amount increases to

$2,100,000, SBA’s share of the Loss

under an 80% guarantee is limited to

76.1% [2,000,000 / 2,100,000 = 95.2% ×

80% = 76.1%].’’

§ 115.61 [Amended]

4. Amend section 115.61 by removing

the year ‘‘2000’’ both times it appears

and replacing it with the year ‘‘2003’.

Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Rules and Regulations 30805

Dated: May 24, 2001.

John Whitmore,

Acting Administrator.

[FR Doc. 01–14445 Filed 6–7–01; 8:45 am]

BILLING CODE 8025–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–01–046]

RIN 2115–AE46

Special Local Regulations: Skull

Creek, Hilton Head, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary Special Local

Regulations are being adopted for the

Skull Creek July 4th celebration

Fireworks Display, Skull Creek, Hilton

Head, SC. These regulations are needed

to provide for the safety of life on

navigable waters during the event.

DATES: This rule becomes effective at

8:30 p.m. and terminates at 10:30 p.m.

on July 4, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket are part of

[CGD07–01–046] and are available for

inspection or copying at Coast Guard

Group Charleston, 196 Tradd St.,

Charleston SC 29401 between 7:30 a.m.

and 4 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: ENS

Bill Walsh, Coast Guard Group

Charleston at 843–724–7600 x203.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Publishing

an NPRM would be contrary to national

safety interests since immediate action

is needed to minimize potential danger

to the public because there will be

numerous spectator craft in the area.

For the same reasons, under 5 U.S.C.

553(d)(3), the Coast Guard finds that

good cause exists for making this rule

effective less than 30 days after

publication in the Federal Register.

Background and Purpose

These regulations are required to

provide for the safety of life on

navigable waters because of the inherent

danger of fireworks during the Skull

Creek July 4th celebration on Skull

Creek, Hilton Head, SC. The event

sponsor expects approximately 120

spectator craft to observe the show. The

fireworks barge will be located in

approximate position 32 13.95′ N, 080

45.1′ W, offshore from Hudsons

Seafood. This rule creates a regulated

area that will prohibit non-participating

vessels from entering the regulated area

during the event.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. The Office of Management and

Budget has not reviewed it under that

order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

regulated area will only be in effect for

approximately 2 hours.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rulemaking will have a

significant economic impact on a

substantial number of small entities.

Small entities include small business,

not-for-profit organizations that are

independently owned and operated and

are not dominant under their fields, and

governmental jurisdictions with

populations of less than 50,000.

This rule will affect the following

entities, some of which may be small

entities: the owners and operators of

vessels intending to transit or anchor in

a portion of the Skull Creek intercoastal

waterway from 8:30 p.m. to 10:30 p.m.,

July 4, 2001. The Coast Guard certifies

under 5 U.S.C. 605(b) that this rule will

not have a significant economic impact

on a substantial number of small entities

because the rule will only be in effect

for 2 hours.

Assistance for Small Entities

Under section 213 (a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

221), we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. Small entities may contact the

person listed under FOR FURTHER

INFORMATION CONTACT for assistance in

understanding and participating in this

rulemaking. We also have a point of

contact for commenting on actions by

employees of the Coast Guard. Small

businesses may send comments on the

actions of Federal employees who

enforce, or otherwise determine

compliance with Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–GAIR (1–888–734–3247)

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501—3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of this action and