2480 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices

that has been violated does not include any

circumstance in which: the violation was

malicious; the violator had previously been

found to have violated the same statute,

regulation, contract, or agreement; or the

violator had previously been informed that

the conduct that resulted in the violation is

prohibited by statute, regulation, contract, or

agreement.)

e. Penalty. Any sanction that may be

imposed directly by the Secretary. (The term

penalty does not include: liquidated

damages; any restitution for damages suffered

by USDA; any action that either permanently

or temporarily excludes a small business

from entering into a transaction with USDA;

or any sanction that may be imposed by a

USDA grantee or subgrantee even if the

sanction may be imposed as a result of

conditions required by USDA for the grant.)

f. Penalty Modification Coordinator. The

individual appointed by a USDA agency in

accordance with paragraph 5 of this

Memorandum.

g. Secretary. The Secretary of the United

States Department of Agriculture or any

individual to whom the Secretary delegates

authority.

h. Significant threat to health, safety, or the

environment. Any conduct that is likely to

result in:

(1) death, injury, illness, or spread of

diseases or pests to any human, animal, or

plant; or

(2) material harm to the environment.

i. Small business. Any sole proprietorship,

joint venture, partnership, corporation,

association, or other legal entity that:

(1) employed 500 or fewer individuals at

the time of the alleged violation; or

(2) in the tax year immediately preceding

the alleged violation, had gross receipts of

$1,000,000 or less.

j. USDA. The United States Department of

Agriculture.

4. Waiver of Penalties

a. If a penalty may be imposed on the small

business by the Secretary, the administering

agency shall determine whether the penalty

is a covered penalty. If the administering

agency determines the penalty to be a

covered penalty, the administering agency

shall:

(1) provide a copy of this Memorandum to

the small business on which the penalty may

be imposed; and

(2) notify the small business that the

imposition of all or a portion of a penalty can

be waived as agreed by the small business

and the agency, if corrective action can be

achieved within the time to be established in

the sole discretion of the administering

agency. The penalty shall be waived, in

whole or in part, if the administering agency

and the small business agree in writing as to

the waiver of the penalty, the administering

agency establishes the time within which

correction action is to be taken, and the small

business takes corrective action within the

time established by the administering agency.

b. If the small business takes corrective

action, but fails to do so within the time

established in accordance with paragraph

4a(2) of this Memorandum by the

administering agency, the administering

agency may reduce the amount of any

monetary penalty that may be imposed for

the violation up to the amount spent by the

small business for corrective action. When

determining whether to reduce a monetary

penalty in accordance with this

subparagraph, the administering agency shall

take into account the time in which the small

business took corrective action and any

difficulties the small business encountered

when doing so.

c. Any administering agency that waives a

penalty in accordance with paragraph 4a or

4b of this Memorandum shall issue a written

statement to the small business stating that

corrective action has been taken, that the

imposition of all or a portion of the penalty

has been waived, the manner in which the

penalty has been waived, and the amount or

type of any remaining penalty that may be

imposed.

d. The use of appropriate alternative

dispute resolution techniques to assist in the

determination whether a penalty will be

waived as authorized by this Memorandum

is encouraged.

e. Each Under or Assistant Secretary shall

submit a quarterly report, starting January 1,

1996, to the Secretary of Agriculture

describing actions taken pursuant to this

Memorandum. Each quarterly report must

include each penalty that has been waived

during the quarter, the manner in which each

penalty has been waived, the corrective

action taken by the small business, and the

amount or type of any remaining penalty.

5. Penalty Modification Coordinator

Each administering agency that

administers any program under which the

Secretary is permitted by law or has

discretion to waive the imposition of a

penalty shall appoint a Penalty Modification

Coordinator who shall be responsible for the

implementation of paragraphs 4 and 6 of this

Memorandum in the administering agency.

6. Notification

a. Each Penalty Modification Coordinator

shall provide to each employee of the

administering agency who has authority to

assess penalties or to recommend the

assessment of penalties:

(1) a copy of this Memorandum; and

(2) the name, address, and telephone

number of the Penalty Modification

Coordinator, who shall be available to answer

questions concerning the implementation of

this Memorandum posed by agency

employees.

b. Small businesses shall be notified of this

Memorandum by publication of this

Memorandum in the Federal Register.

7. Reporting Frequency

a. Except as provided in paragraph 7c of

this Memorandum, each agency shall reduce

by at least one-half the frequency with which

regularly scheduled reports required, by

regulation or policy in effect on April 21,

1995, must be provided to USDA.

b. Policy changes necessary to comply with

paragraph 7a of this Memorandum shall be

implemented no later than November 1,

1995. Regulatory changes necessary to

comply with paragraph 7a of this

Memorandum shall be effective no later than

January 1, 1996.

c. The frequency with which regularly

scheduled reports shall be provided to USDA

shall not be reduced pursuant to paragraph

7a of this Memorandum if:

(1) the frequency with which the report is

provided to USDA is required by statute;

(2) the report is required to be provided to

USDA as a condition of continued

employment with USDA, execution of a

contract with USDA, or receipt of a loan,

grant, guarantee, or benefit from USDA; or

(3) the Secretary of Agriculture determines

that the reduction of the frequency with

which the regularly scheduled report is

provided to USDA—is not legally

permissible; would not adequately protect

health, safety, or the environment; would be

inconsistent with achieving regulatory

flexibility or reducing regulatory burdens; or

would impede the effective administration of

a USDA program.

8. Effective Date

This Memorandum shall be effective on

October 10, 1995.

9. Effect on Other Agency Penalty Waiver

Policies

To the extent that any administering

agency policy regarding the waiver of

covered penalties is inconsistent with this

Memorandum, the policy shall be revoked or

modified to conform to this Memorandum no

later than November 1, 1995. To the extent

that any administering agency regulations

regarding the waiver of covered penalties is

inconsistent with this Memorandum, the

regulations shall be revoked or modified to

conform to this Memorandum no later than

January 1, 1996. This Memorandum does not

affect any administering agency policy to

waive penalties that is not inconsistent with

this Memorandum.

10. Termination or Modification

This Memorandum may be terminated or

modified by the Secretary of Agriculture at

any time.

11. Judicial Review

This Memorandum is intended only to

improve the internal management of USDA

and does not create any right or benefit,

substantive or procedural, enforceable at law

or equity by a party against the United States,

USDA, the officers or employees of the

United States or USDA, or any other person.

Neither this Memorandum nor the waiver of

any penalty in accordance with this

Memorandum shall affect the date on which

the imposition of a penalty shall be

considered to be final agency action for the

purposes of judicial review.

Done in Washington, D.C., this 22nd day

of January, 1996.

Dan Glickman,

Secretary of Agriculture.

[FR Doc. 96–1415 Filed 1–25–96; 8:45 am]

BILLING CODE 3410–01–M
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices 2481

Food and Consumer Service

Information Collection Requirements

Submitted for Public Comment and

Recommendation

AGENCY: Food and Consumer Service,

USDA.

ACTION: Notice.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, the

Food and Consumer Service (FCS) is

publishing for public comment a

summary of a proposed information

collection regarding Form FCS–583,

Employment and Training (E&T)

Program Report (OMB 0584–0339).

Comments will be included in the

request for Office of Management and

Budget (OMB) approval and will

become a matter of public record.

DATES: Written comments and

recommendations for the proposed

information collection must be received

by March 26, 1996.

ADDRESSES: Send comments and

requests for copies of the form and

instructions to the Work Program

Section, Program Design Branch,

Program Development Division, Food

and Consumer Service, USDA, 3101

Park Center Drive, Room 716,

Alexandria, VA 22302. Comments are

invited on: (a) whether the proposed

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 the burden of the

proposed collection of information

including the validity of the

methodology and assumptions used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on those who are to respond, including

through the use of appropriate

automated, electronic, mechanical, or

other technological collection

techniques or other forms of information

technology.

FOR FURTHER INFORMATION CONTACT: The

Work Program Section, FCS, at (703)

305–2762.

SUPPLEMENTARY INFORMATION: Type of

Information Collection Request:

Extension of an information collection

currently approved by OMB that will

expire on January 31, 1996. The agency

wishes to extend the approval past the

current expiration date without making

any material change in the collection

instrument, instructions, or frequency of

collection. Readers should be aware that

changes that would impact this

reporting burden are being discussed as

part of the welfare reform debate

currently underway. Should any of the

proposed legislative changes pass soon,

it is expected that the reporting burden

associated with the Food Stamp

Employment and Training Program will

change. Unfortunately, it is not known

what the changes will be or when they

may be effective. The agency would

prefer to wait for the legislative changes

to be decided before it takes action on

the extension of the current reporting

burden. However, the current burden

will expire too soon for that to happen.

Therefore, the agency is proceeding

with the activity necessary to extend the

current reporting burden, but cautions

readers that changes are likely in the

near future.

Title of Information Collection: E&T

Program Report. Form Number: FCS–

583. Use: Title 7 CFR 273.7(c)(6)

requires State agencies to submit

quarterly E&T Program reports

containing monthly figures for

participation in the program. The FCS–

583 report includes the number of

participants newly work registered;

work registrants exempted from the E&T

Program; participants who volunteered

and began an approved E&T component;

E&T mandatory participants who began

an approved E&T component; work

registrants sent a Notice of Adverse

Action for failure to comply with E&T

Program requirements; and the number

of applicants denied food stamp

certification or recertification for failure

to comply with an E&T Program

component. The first quarterly report

includes the number of work registered

persons in a state as of October of the

new fiscal year. The final quarterly

report contains the number of work

registrants exempted as part of a

category of persons during the course of

the year separated by the specific

reasons for the exemptions; and the

number of participants (E&T Program

mandatory and volunteers) placed in

each E&T component offered by the

State agency. This collection of

information is used by FCS to determine

whether States have met their mandated

performance standards. Frequency: The

FCS–583 report must be completed and

submitted to FCS on a quarterly basis by

the 45th day following the end of the

quarter. Affected Public: State and local

government. Number of Respondents:

3,520,853. Total Annual Burden Hours:

258,416.

Dated: January 16, 1996.

William E. Ludwig,

Administrator, Food and Consumer Service.

[FR Doc. 96–1418 Filed 1–25–96; 8:45 am]

BILLING CODE 3410–30–U

Forest Service

Trails Management Plan—Santa Lucia

Ranger District; Los Padres National

Forest, San Luis Obispo County, CA

ACTION: Notice of intent to withdraw an

environmental impact statement.

SUMMARY: A Notice of Intent was

published in the Federal Register on

May 17, 1990 (Vol. 55, No. 96, pages

20486 and 20487) indicating that an

Environmental Impact Statement (EIS)

would be prepared to develop a Trails

Management Plan for the San Luis

Obispo County portion of the Los Padres

National Forest. That notice of Intent is

hereby withdrawn.

FOR FURTHER INFORMATION CONTACT:

Questions regarding this notice of

withdrawal may be directed to Manuel

Madrigal, ID Team Leader, Santa Lucia

Ranger District, 1616 North Carlotti

Drive, Santa Maria, CA 93454, (805)

925–9538.

David W. Dahl,

Forest Supervisor.

[FR Doc. 96–1269 Filed 1–25–96; 8:45 am]

BILLING CODE 3410–11–M

Supplement to the Final Environmental

Impact Statement for the Mt. Hood

Meadows Ski Area, Mt. Hood National

Forest, Hood River County, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement

a final environmental impact statement.

SUMMARY: The USDA, Forest Service,

will prepare a supplement to the final

environmental impact statement (EIS)

for the Mt. Hood Meadows Ski Area on

the Hood River Ranger District of the

Mt. Hood National Forest. The final EIS

and Record of Decision (ROD) for the

Mt. Hood Meadows Ski Area were

released in May 1991. The ROD was

reversed by the Regional Forester in

November 1991, based on inadequate

cultural analysis. In May 1995, Mt.

Hood Meadows Ski Resort submitted a

revised application for a new Master

Plan. The revised application proposes

to expand the existing day use ski area

to a full season ski/recreaction area with

increased capacity and permit area. It

also withdraws their previous proposal

to establish the ski area as a year-round

destination resort with overnight

housing. The alternatives will be revised

based on the new proposed action and

additional analysis that is conducted.

The environmental analysis will be

documented as a supplement to the

existing analysis. The decision on a new

master plan will be a conceptual

decision that amends the Mt. Hood