cate shall forward notice of such issuance to such persons as considered necessary to prevent misuse of the superseded certificate if the original and all copies of such superseded certificate have not previously been delivered to the inspector issuing the appeal inspection certificate. The appeal inspection certificate shall be marked as to the existence of the outstanding certificate. The provisions in the regulations concerning forms of certificates and disposition of certificates shall apply to appeal inspection certificates, except that copies of such appeal inspection certificates shall be furnished to all interested parties who received copies of the superseded certificate.

LICENSING OF INSPECTORS

§75.32 Who may become licensed inspector.

Any person nominated by a cooperating State and who is found to have the necessary qualifications may be licensed by the Director as an inspector to perform such duties of inspection as specified by the Memorandum of Understanding. Such a license shall bear the signature of an authorized employee of the Department. A licensed inspector shall perform duties pursuant to the regulations in accordance with instructions issued or approved by the Director.

$75.33 Suspension or revocation of license of inspector.

Pending final action by the Administrator, the Director may suspend, whenever it is deemed that such action is necessary to assure that any service provided is performed properly, the license of any inspector, issued pursuant to the regulations by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefore. Within 7 days after receipt of notice and statement of reasons by a licensee, an appeal may be filed in writing with the Administrator supported by any argument or evidence as to why the license should not be suspended. After expiration of the 7-day period and consideration of such argument and evidence, the Administrator shall take such action as deemed ap

propriate with respect to a suspension or revocation.

875.34 Surrender of license.

Upon termination of service as an inspector or suspension or revocation of such license, such licensee shall surrender the license immediately to the Federal Seed Laboratory.

SAMPLING PROVISIONS AND REQUIREMENTS

$75.35 Obtaining samples for lot inspections.

Samples of seed for lot inspections may be obtained by licensed inspectors or authorized employees of the Department.

§75.36 Representative sample.

No lot inspection sample shall be deemed representative of a lot of seed unless the sample (a) has been obtained by a licensed inspector or an authorized employee of the Department; (b) is of the size prescribed in the instructions; and (c) has been obtained, handled, and submitted in accordance with the Association of Official Seed Analysts (AOSA) or the International Seed Testing Association (ISTA) procedures. $75.37 Submitted samples.

Submitted samples may be obtained by or for any interested person. (Instructions for sampling seed may be obtained upon request to the Director or the Federal Seed Laboratory.)

$75.38 Lot inspections.

Each lot inspection shall be made on the basis of a representative sample obtained from that lot of seed by a licensed inspector or an authorized employee of the Department. Each lot of seed which is offered for lot inspection shall be sealed at the time of sampling in accordance with methods and procedures of the Association of Official Seed Analysts (AOSA) or the International Seed Testing Association (ISTA).

$75.39 Use of file samples.

(a) File samples which are retained by inspection personnel in accordance with the regulations may be deemed representative for appeal inspections:

Provided, that (1) the samples have remained in the custody of the inspection personnel who certificated the inspection; and (2) the inspection personnel who performed the inspection and the inspection personnel who are to perform the appeal inspection determine that the sample was representative of the seed at the time of the inspection and that the quality or condition of the seed in the sample and in the lot has not changed since the time of the inspection.

(b) Upon request of the applicant, and if practicable, a new sample may be obtained and examined as a part of an appeal inspection.

$75.40 Protecting samples.

Inspection personnel shall protect each sample from manipulation, substitution, and improper or careless handling which would deprive the sample of its representative character from the time of collection until the inspection is completed and the file sample has been discarded.

FEES AND CHARGES

$75.41 General.

Fees and charges for inspection services performed by Federal employees shall cover the cost of performing the service. Fees shall be for actual time required to render the service, calculated to the nearest 15-minute period except that a minimum of 1 hour shall apply for testing and a 2-hour minimum shall apply for sampling and sealing. Fees and charges shall be at the rate of $40.40 per hour. (Cost estimates may be obtained upon request to the Director or the Federal Seed Laboratory.)

[49 FR 18724, May 2, 1984, as amended at 56 FR 51320, Oct. 11, 1991; 58 FR 64101, Dec. 6, 1993; 60 FR 21035, May 1, 1995]

$75.42 Sampling and sealing.

(a) Fees for inspection services provided by licensed inspectors may be charged by States participating in the program at rates established by the individual States.

(b) When onsite inspection services are performed by Federal employees at the request of the applicant:

(1) Fees for onsite inspections for sampling and sealing shall include the time for actual sampling and sealing, standby at the service site, travel time and actual travel costs to and from the site, and a per diem charge if the employee performing the service is paid per diem in accordance with existing travel regulations as appear in Agricultural Travel Regulations, including the Federal Travel Regulations, DM 2300–1.

(2) Hourly rates shall begin when the inspector begins travel to the service site and end when the inspector arrives back at his official station or residence, computed to the nearest quarter hour, less meal time, if any.

(3) A 2-hour minimum shall be charged for each onsite inspection.

$75.43 Laboratory testing.

Fees for testing each sample shall include the time required for actual testing, preparation of test records, issuing the certificate, and filing of samples and documents, with:

(a) Charges billed at the hourly rate in increments of 15 minutes.

(b) A minimum fee of 1 hour per sample for testing shall be charged.

$75.44 When application rejected or withdrawn.

When an application for inspection is rejected in accordance with §75.13 or withdrawn in accordance with §75.14, the applicant will be required to pay applicable fees for the time used by an inspector and other expenses incurred in connection with such application prior to its rejection or withdrawal.

$75.45 Charge for appeals.

A charge of 1 hour shall be made for each appeal filed under §75.26, and the fee for an appeal inspection shall equal the fee for the original inspection from which the appeal is taken, plus any charges for travel or other expenses incurred in performing the appeal: Provided, That when a material error in the certificate or sample from which the appeal is taken is found by the appeal inspector the charge and fee shall be waived.

$75.46 When appeal refused or withdrawn.

When an appeal is refused in accordance with $75.29 or withdrawn in accordance with §75.28, the applicant will be required to pay for the time used by the appeal inspector and other expenses incurred in connection with such appeal prior to its denial, dismissal, or withdrawal.

875.47 For certificates.

A charge of $10.10 per certificate will be made for copies of certificates other than those required to be distributed in §75.23 and for the issuance of a duplicate certificate in accordance with §75.24 and an appeal certificate in §75.31.

[49 FR 18724, May 2, 1984, as amended at 56 FR 51320, Oct. 11, 1991; 58 FR 64101, Dec. 6, 1993; 60 FR 21035, May 1, 1995]

MISCELLANEOUS

§75.48 Identification number.

The Director may require the use of official identification numbers in connection with seed certificated or sampled under the Act. When identification numbers are required, they shall be specified by the Director and shall be attached to, or stamped, printed, or stenciled on the lot of seed certificated or sampled in a manner specified by the Director.

875.49 OMB control numbers.

The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980 is as follows: OMB Control No. 0581-0140.

[56 FR 51320, Oct. 11, 1991]

1

PART 80-FRESH IRISH POTATOES

Sec.

Subpart A-Fresh Irish Round White Potatoes-Diversion Program

80.1 General statement.

80.2 Administration.

80.3 Definitions.

80.4 Length of program.

80.5 Rate of payment.

80.6 Eligibility for payment.

80.7 Application and approval for participation.

80.8 Inspection and certificate of diversion. 80.9 Claim for payment.

80.10 Compliance with program provisions. B 80.11 Inspection of premises.

80.12 Records and accounts.
80.13 Offset and assignments.
80.14 Appeals.

Subpart B-[Reserved]

AUTHORITY: 7 U.S.C. 612c.

SOURCE: 58 FR 29098, May 19, 1993, unless otherwise noted.

Subpart A-Fresh Irish Round White Potatoes-Diversion Program

$80.1 General statement.

In order to encourage the domestic consumption of 1992 crop fresh Irish round white potatoes by diverting them from normal channels of trade and commerce, the Secretary of Agriculture, pursuant to the authority conferred by section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), offers to make payment to producers who divert potatoes that they produced by donating them to charitable institutions for human consumption or by using such potatoes as livestock feed or for compost purposes in accordance with the terms and conditions set forth herein.

$80.2 Administration.

The program will be administered under the general direction and supervision of the Director, Fruit and Vegetable Division, Agricultural Marketing Service (AMS), United States Depart

ment of Agriculture (USDA), and will be carried out by the Agricultural Stabilization and Conservation Service (ASCS), USDA, through ASC state and county committees. The ASC county committees will authorize one or more employees to act as representatives of the USDA, to approve applications for participation. The ASC state or county committees or their authorized representatives do not have authority to modify or waive any of the provisions of this subpart.

§ 80.3 Definitions.

(a) Charitable institutions mean those organizations which offer food, housing, and other necessities to low income, homeless, or other persons in need of assistance in obtaining basic sustenance.

(b) Diversion means the delivery of potatoes to an eligible outlet.

(c) Eligible outlet means charitable institutions, livestock feeding operations, or compost users.

(d) Potatoes mean 1992 crop fresh Irish round white potatoes produced and stored in the United States which:

(1) If intended for human consumption, meet all the requirements of chapter 125, section V.A., "Processing Grade" as defined by the “Official Classifications, Grades and Standards for Potatoes Packed in Maine," which can be obtained from the local county Agricultural Stabilization and Conservation Service Office, unless modified by the, "Application for Participation in Fresh Irish Round White Potatoes Diversion Program” (Form ASCS-117); or

(2) If intended for use as livestock feed or for use as compost meet minimum standards for Maine "Processing Grade", which can be obtained from the local county Agricultural Stabilization and Conservation Service Office, and are cut, chopped, sliced, gouged, crushed, ensiled, or cooked to the degree that the general appearance of the potatoes has been damaged to such an extent that the potatoes are readily and obviously identifiable as having been rendered unsuitable to

enter into normal channels of trade and commerce as potatoes as determined by ASCS or its representative.

(e) Producer means an individual, partnership, association, or corporation located in the United States that grew for market and are in possession of such potatoes as of May 19, 1993 and whose Form ASCS-117 has been approved by USDA.

§ 80.4 Length of program.

This program will be effective May 19, 1993 and will continue for 45 calendar days.

§ 80.5 Rate of payment.

The rate of payment for potatoes, as defined in §80.3(d), will be $3.00 per hundredweight. Payment will not be made for any fractional part of hundredweight.

§ 80.6 Eligibility for payment.

Payments will be made under this program to any producer of potatoes: (a) Who executes and files Form ASCS-117.

(b) Whose application is approved.

(c) Who diverts potatoes after the date Form ASCS-117 is approved by USDA before the termination date of this subpart.

(d) Who files a claim as provided in § 80.10.

(e) Who complies with all other terms and conditions in this subpart.

§ 80.7 Application and approval for participation.

(a) Applicants must submit a completed and signed Form ASCS-117 to the local ASCS county office. The Form ASCS-117s will be considered by the ASC county committee in the order received by the ASCS county office and in accordance with the availability of funds.

(b) Applicants will be notified of the approval or rejection of the submitted forms. Approved Form ASCS-117s may be modified or amended with the consent of the applicant and the duly authorized representative of the ASC county committee provided that such modification or amendment does not conflict with the provisions of this subpart.

Prior to diversion, the potatoes must be inspected by an inspector authorized or licensed by the county, state, or Federal government to inspect and certify the class, quality, and condition of potatoes. The producer will be responsible for requesting and arranging for inspection so that the inspector can be present to determine which potatoes meet the definition of potatoes as provided in §80.3(d). The producer must furnish such scale tickets, weighing facilities, or volume measurements as determined by the inspector to be necessary for ascertaining the net weight of the potatoes being diverted. The cost of inspecting, verifying the quantity, certifying that diversion has been performed, and issuing certificates will be borne by the producer. Certificates must be prepared on "Invoice Certificate of Inspection and Diversion" (Form ASCS-118).

§80.9 Claim for payment.

In order to obtain payment, the producer must submit to the county ASCS office which approved his application a properly executed Form ASCS-118, and (except where the producer is the livestock feeder) a certification of receipt by the charitable institution, livestock feeder, or compost user. All such claims must be filed not later than one calendar month after the termination date specified in the applicable approved application. For those potatoes which fail to meet the definition of potatoes (§80.3(d)), payments will be based on the percentage of the potatoes meeting the definition.

§ 80.10 Compliance with program provisions.

If USDA determines that any provisions of the application or of these regulations has not been complied with I whether by the producer or by charitable institution, livestock feeder, or compost user or that any quantity of potatoes diverted under this program was not used exclusively for donation to charitable institutions, livestock feeders, or for compost, whether such failure was caused directly by the producer or by any other person or persons, the producer will not be entitled