43922 Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Rules and Regulations

cured (type 21) and Virginia sun-cured

(type 37) have accepted lower price

support levels so their tobacco may

remain competitive in world markets.

Therefore, for fire-cured (type 21)

tobacco and Virginia sun-cured (type

37) tobacco, the 1997-crop support

levels were set so as to only add, over

1996-crop levels, 65 percent of the

difference between the 1997-crop ‘‘basic

support level’’ and the 1996-crop ‘‘basic

support level.’’ For the other tobaccos

covered in this notice there was no such

recommendation and the support levels

were set accordingly. Accordingly, the

price support levels for KentuckyTennessee fire-cured (types 22–23), dark

air-cured (types 35–36) and cigar filler

and binder (types 42–44; 53–55)

tobaccos were set to use of the MY 1996

level of support increased by the

difference between the MY 1997 ‘‘basic

support level’’ and the MY 1996 ‘‘basic

support level.’’ Chewing tobacco,

smoking tobacco, and snuff

manufacturing formulas limit the

substitutability of one of these kinds of

tobacco for another. Cigarettes, the

principal outlet for flue-cured and

burley tobaccos, do not require any of

these five kinds of tobacco in their

blends.

Accordingly, the following price

support determinations were announced

on February 27, 1997 for the 1997 crops

of the tobaccos which are the subject of

this notice:

Kind and type

Support

level

(cents

per

pound)

Virginia fire-cured (type 21) .......... 149.8

Kentucky-Tennessee fire-cured

(types 22–23) ............................ 162.3

Dark air-cured (types 35–36) ........ 139.8

Virginia sun-cured (type 37) ......... 132.6

Cigar-filler and binder (types 42–

44 and 53–55) ........................... 116.9

List of Subjects

7 CFR Part 723

Acreage allotments, Marketing quotas,

Penalties, Reporting and recordkeeping

requirements, Tobacco.

7 CFR Part 1464

Price supports, Tobacco.

Accordingly, 7 CFR parts 723 and

1464 are amended to read as follows:

PART 723—TOBACCO

1. The authority citation for 7 CFR

part 723 continues to read as follows:

Authority: 7 U.S.C. 1301, 1311–1314,

1314–1, 1314b, 1314b–1, 1314b–2, 1314c,

1314d, 1314e, 1314f, 1314i, 1315, 1316, 1362,

1363, 1372–75, 1377–1379, 1421, 1445–1,

and 1445–2.

2. Section 723.113 is amended by

adding paragraph (e) to read as follows:

§ 723.113 Fire-cured (type 21) tobacco.

* * * * *

(e) The 1997-crop national marketing

quota is 2.395 million pounds.

3. Section 723.114 is amended by

adding paragraph (e) to read as follows:

§ 723.114 Fire-cured (types 22–23)

tobacco.

* * * * *

(e) The 1997-crop national marketing

quota is 43.4 million pounds.

4. Section 723.115 is amended by

adding paragraph (e) to read as follows:

§ 723.115 Dark air-cured (types 35–36)

tobacco.

* * * * *

(e) The 1997-crop national marketing

quota is 9.88 million pounds.

5. Section 723.116 is amended by

adding paragraph (e) to read as follows:

§ 723.116 Sun-cured (type 37) tobacco.

* * * * *

(e) The 1997-crop national marketing

quota is 156,400 pounds.

6. Section 723.117 is amended by

adding paragraph (e) to read as follows:

§ 723.117 Cigar-filler and binder (types 42–

44 and 53–55) tobacco.

* * * * *

(e) The 1997-crop national marketing

quota is 8.4 million pounds.

PART 1464—TOBACCO

7. The authority citation for 7 CFR

part 1464 continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445,

and 1445–1; 15 U.S.C. 714b and 714c.

8. Section 1464.13 is amended by

adding paragraph (e) to read as follows:

§ 1464.13 Fire-cured (type 21) tobacco.

* * * * *

(e) The 1997-crop national price

support level is 149.8 cents per pound.

9. Section 1464.14 is amended by

adding paragraph (e) to read as follows:

§ 1464.14 Fire-cured (types 22–23)

tobacco.

* * * * *

(e) The 1997-crop national price

support level is 162.3 cents per pound.

10. Section 1464.15 is amended by

adding paragraph (e) to read as follows:

§ 1464.15 Dark air-cured (types 22–23)

tobacco.

* * * * *

(e) The 1997-crop national price

support level is 139.8 cents per pound.

11. Section 1464.16 is amended by

adding paragraph (e) to read as follows:

§ 1464.16 Virginia sun-cured (type 37)

tobacco.

* * * * *

(e) The 1997-crop national price

support level is 132.6 cents per pound.

12. Section 1464.17 is amended by

adding paragraph (e) to read as follows:

§ 1464.17 Cigar-filler and binder (types 42–

44 and 53–55) tobacco.

* * * * *

(e) The 1997-crop national price

support level is 116.9 cents per pound.

Signed at Washington, DC, on August 10,

1997.

Bruce R. Weber,

Acting Administrator, Farm Service Agency

and Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–21796 Filed 8–15–97; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 918

[Docket No. FV–97–918–1 FR]

Fresh Peaches Grown in Georgia;

Termination of Marketing Order No.

918

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; Termination of

Order.

SUMMARY: This rule terminates the

Federal marketing order regulating the

handling of fresh peaches grown in

Georgia (order) and the rules and

regulations issued thereunder. The

Georgia peach industry has not operated

under the order since its provisions

were suspended March 1, 1993. The

order does not reflect current industry

structure and operating procedures and

there is no industry support for

reactivating the order. Therefore, there

is no need to continue this order.

EFFECTIVE DATE: September 17, 1997.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Southeast

Marketing Field Office, AMS, USDA,

P.O. Box 2276, Winter Haven, Florida

33883–2276; telephone: (941) 299–4770,

Fax: (941) 299–5169; or Kathleen Finn,

Marketing Order Administration

Branch, F&V, AMS, USDA, room 2530–

S, P.O. Box 96456, Washington, DC

20090–6456; telephone: (202) 720–2491,

Fax: (202) 720–5698. Small businesses

may request information on compliance

with this regulation by contacting: Jay

Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.
Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Rules and Regulations 43923

Box 96456, room 2523–S, Washington,

DC 20090–6456; telephone (202) 720–

2491, Fax: (202) 720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is governed by provisions of

§ 608(16)(A) of the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the Act and § 918.81 of the

order.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This final rule

will not preempt any State or local laws,

regulations, or polices, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after date of the entry

of the ruling.

This final rule terminates the order

regulating the handling of peaches

grown in Georgia. Sections 918.81 and

918.82 of the order contain the authority

and procedures for termination.

The order was initially established in

1942 to help the industry solve specific

marketing problems and maintain

orderly marketing conditions. It was the

responsibility of the Peach Industry

Committee (committee), the agency

established for local administration of

the marketing order, to periodically

investigate and assemble data on the

growing, harvesting, shipping, and

marketing conditions of Georgia

peaches. The committee tried to achieve

orderly marketing and improve

acceptance of Georgia peaches through

the establishment of minimum size,

maturity and quality requirements.

The Georgia peach industry has not

operated under the marketing order for

over four years. The order and all of its

accompanying rules and regulations

were suspended March 1, 1993, for two

years (58 FR 8209). At the request of the

industry, the Department extended the

suspension for two more years (60 FR

17633). Regulations have not been

applied under the order since 1992, and

no committee has been appointed since

then. The only regulations the industry

is using are for research, promotion, and

advertising. This is handled locally by

the Georgia Commodity Commission

through a State program.

In 1942, when the marketing order

was issued, there were over 300 growers

of Georgia peaches. Currently, there are

approximately 20 peach growers.

The Department contacted many

current industry members with respect

to the need for reinstating the marketing

order. Virtually all the individuals

corresponding with the Department

stated they were not interested in

reestablishing the order. There was a

peach industry meeting held on

February 6, 1997, in Byron, Georgia

where the marketing order was a topic

of discussion. There was no support

from the attendees for reactivating or

amending the order.

There have been changes in industry

structure and operating procedures

since the order was last amended.

Making the marketing order reflect these

changes could require further

amendments. The steps necessary to

amend and reactivate the existing order

would be similar to what would be

required to establish a new order. The

need for a new or amended marketing

order would have to be justified and

supported by a large majority of Georgia

peach growers. This would require a

public hearing and a grower

referendum. There is no determinable

industry support for a marketing order.

Thus, there is little justification to

continue the current order.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

Accordingly, AMS has prepared this

regulatory flexibility analysis.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 8 handlers of

Georgia peaches who would be subject

to regulation under the marketing order

and approximately 20 peach growers in

the regulated area. Small agricultural

service firms have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those having annual receipts of less than

$500,000. The majority of the Georgia

peach growers and handlers may be

classified as small entities.

This final rule terminates the order

regulating the handling of peaches

grown in Georgia. The order and its

accompanying rules and regulations

have been suspended since March 1,

1993. No regulations have been

implemented since the 1990–91 season,

and there is no indication that such

regulations will again be needed.

The industry has been operating

without a marketing order since its

suspension. Reestablishing the order

would mean additional cost to the

industry stemming from assessments to

maintain the order and any associated

costs generated by regulation. By not

reinstating the marketing order, the

industry benefits from avoiding these

costs. Because the industry has been

operating without an order for four

years, the termination of the order

would have no noticeable effect on

either small or large operations.

The Department attempted to solicit

as much industry input on this decision

as possible. The Department sent a letter

to current industry members it was able

to identify seeking comments on the

need for reinstating the marketing order.

There was a peach industry meeting

held on February 6, 1997, in Byron,

Georgia where the marketing order was

a topic of discussion. In addition, the

proposed rule provided the opportunity

for all interested persons to comment on

the termination of the marketing order.

A proposed rule was published in the

June 4, 1997, issue of the Federal

Register giving interested persons until

July 7, 1997, to file written comments.

No comments were received.

The Department believes that

conducting a termination referendum

would merely reaffirm the Georgia

peach industry’s continued lack of

interest in reactivating the marketing

order and that conducting such a

referendum would be wasteful of

Departmental and public resources.

Therefore, pursuant to § 608c(16)(A)

of the Act and § 918.81 of the order, the

Secretary has determined that Marketing

Order No. 918, covering peaches grown

in Georgia, and the rules and regulations

issued thereunder, no longer tend to
43924 Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Rules and Regulations

effectuate the declared policy of the Act,

and are hereby terminated.

Trustees have been appointed to

continue in the capacity of concluding

and liquidating the affairs of the former

committee. The trustees will be

responsible for completing the order’s

unfinished business, including ensuring

termination of all outstanding

agreements and contracts, and the

payment of all obligations. The trustees

will be responsible for safeguarding

program assets, holding committee

records, and arranging for a financial

audit to be conducted. All such actions

by the trustees are subject to the

approval of the Secretary. Those

designated as trustees are Robert L.

Dickey III, William H. Davidson, and Al

Pearson. The trustees shall continue in

their capacity until discharged by the

Secretary.

The remainder of the reserves, after

immediate expenses are paid, will be

held by the trustees to be used to cover

unforeseen, outstanding expenses

obligated by the trustees.

Section 608c(16)(A) of the Act

requires the Secretary to notify Congress

60 days in advance of the termination of

a Federal marketing order. Congress has

been so notified.

List of Subjects in 7 CFR Part 918

Marketing agreements, Peaches,

Reporting and recordkeeping

requirements.

PART 918—[REMOVED]

For the reasons set forth in the

preamble, and under authority of 7

U.S.C. 601–674, 7 CFR part 918 is

removed.

Dated: August 12, 1997.

Lon Hatamiya,

Administrator.

[FR Doc. 97–21732 Filed 8–15–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 97–084–1]

Change in Disease Status of the

Dominican Republic Because of Hog

Cholera

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations governing the importation of

swine and pork and pork products by

removing the Dominican Republic from

the list of countries considered to be

free from hog cholera. We are taking this

action based on reports we have

received from the Dominican Republic’s

Ministry of Agriculture that an outbreak

of hog cholera has occurred in the

Dominican Republic. As a result of this

action, there will be additional

restrictions on the importation of pork

and pork products into the United

States from the Dominican Republic,

and the importation of swine from the

Dominican Republic will be prohibited.

DATES: Interim rule effective August 4,

1997. Consideration will be given only

to comments received on or before

October 17, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–084–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–084–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Senior Staff Veterinarian,

Products Program, National Center for

Import and Export, VS, APHIS, 4700

River Road Unit 40, Riverdale, MD

20737–1231, (301) 734–3399.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation into the United

States of specified animals and animal

products in order to prevent the

introduction of various animal diseases,

including rinderpest, foot-and-mouth

disease, African swine fever, hog

cholera, and swine vesicular disease.

These are dangerous and destructive

communicable diseases of ruminants

and swine. Section 94.9 of the

regulations restricts the importation into

the United States of pork and pork

products from countries where hog

cholera is known to exist. Section 94.10

of the regulations, with certain

exceptions, prohibits the importation of

swine that originate in or are shipped

from or transit any country in which

hog cholera is known to exist. Sections

94.9(a) and 94.10(a) of the regulations

provide that hog cholera exists in all

countries of the world except for certain

countries listed in those sections.

Prior to the effective date of this

interim rule, the Dominican Republic

was included in the lists in §§ 94.9(a)

and 94.10(a) of countries in which hog

cholera is not known to exist. On

August 4, 1997, the Dominican

Republic’s Ministry of Agriculture

reported that an outbreak of hog cholera

had occurred in that country. After

reviewing the reports submitted by the

Dominican Republic’s Ministry of

Agriculture, the Animal and Plant

Health Inspection Service (APHIS) has

determined that it is necessary to

remove the Dominican Republic from

the list of countries considered to be

free of hog cholera.

Therefore, we are amending §§ 94.9(a)

and 94.10(a) by removing the

Dominican Republic from the list of

countries in which hog cholera is not

known to exist. We are making this

amendment effective retroactively to

August 4, 1997, because that is the day

that an outbreak of hog cholera was

confirmed by the Dominican Republic’s

Ministry of Agriculture. As a result of

this action, the importation of swine

from the Dominican Republic is

prohibited, and pork and pork products

from the Dominican Republic will not

be eligible for entry into the United

States unless the pork or pork products

are cooked or cured and dried in

accordance with the regulations.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary to prevent the introduction of

hog cholera into the United States.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make this action effective on August

4, 1997. We will consider comments

that are received within 60 days of

publication of this rule in the Federal

Register. After the comment period

closes, we will publish another

document in the Federal Register. It

will include a discussion of any

comments we receive and any

amendments we are making to the rule

as a result of the comments.