55150 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

with all Federal marketing order

programs, reports and forms are

periodically reviewed to reduce

information requirements and

duplication by industry and public

sector agencies. The Department has not

identified any relevant Federal rules

that duplicate, overlap, or conflict with

this final rule. In addition, the Board’s

meeting was widely publicized

throughout the tart cherry industry and

all interested persons were invited to

attend the meeting and participate in

Board deliberations on all issues. Like

all Board meetings, the January 8 and 9,

1997, meeting was a public meeting and

all entities, both large and small, were

able to express views on these issues.

Finally, interested persons were invited

to submit information on the regulatory

and informational impacts of this final

rule on small businesses, and none were

received.

The assessment rate, interest rate and

late payment charge established in this

interim final rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the Board or

other available information.

Although the assessment rate, interest

rate and late payment charge will be

effective for an indefinite period, the

Board will continue to meet prior to or

during each fiscal period to recommend

a budget of expenses and consider

recommendations for modification of

the assessment and interest rates and

late payment charge. The dates and

times of Board meetings are available

from the Board or the Department.

Board meetings are open to the public

and interested persons may express

their views at these meetings. The

Department will evaluate Board

recommendations and other available

information to determine whether

modification of the assessment or

interest rates or late payment charge is

needed. Further rulemaking would be

undertaken as necessary. The Board’s

1997–98 budget has already been

approved by the Department to allow

the Board to expend funds that they

have borrowed. Budgets for subsequent

fiscal periods will be reviewed and, as

appropriate, approved by the

Department.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

A proposed rule concerning parts of

this action was issued by the

Department on June 27, 1997, and

published in the Federal Register on

July 3, 1997 (62 FR 36020). Copies of the

proposed rule were also mailed or sent

via facsimile to all tart cherry handlers.

Finally, the proposal was made

available through the Internet by the

Office of the Federal Register.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the Board and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

This interim final rule invites

comments on an assessment rate and

establishment of late payment and

interest charges on delinquent

assessments. Any comments received

will be considered prior to finalization

of this rule.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) Handlers have received and

are still receiving 1997–98 crop cherries

from growers, the fiscal period began

July 1, and the assessment rate applies

to all cherries received during the 1997–

98 and subsequent fiscal periods; (2) the

Board has been operating using

borrowed funds and needs revenue to

repay such funds and to continue

administering the program; and (3)

handlers are aware of this rule, which

was recommended at a public meeting.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and

recordkeeping requirements, Tart

cherries.

For the reasons set forth in the

preamble, 7 CFR Part 930 is amended as

follows:

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

1. The authority citation for 7 CFR

Part 930 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new subpart—Administrative

Rules and Regulations and a new

section 930.141 are added to read as

follows:

Subpart—Administrative Rules and

Regulations

§ 930.141 Delinquent assessments.

(a) Pursuant to § 930.41, the Board

shall impose an interest charge on any

handler whose assessment payment has

not been received within 30 days from

the due date of October 1 of each crop

year. The interest rate shall be a rate of

one percent per month and shall be

applied to the unpaid assessment

balance for the number of days all or

any part of the unpaid balance is

delinquent beyond the 30-day payment

period. In addition to the interest

charge, the Board shall impose a late

payment charge on any handler whose

payment charge has not been received

within 90 days from the due date of

October 1. The late payment charge

shall be 10 percent of the unpaid

balance.

(b) Due date for the 1997–98 fiscal

period. For the 1997–98 fiscal period,

the due date for assessments shall be

November 30, 1997. Any interest charge

for late assessment payments shall be

accrued 30 days after the November 30

due date and any late fee shall be

accrued 90 days after the November 30

due date.

3. A new subpart—assessment rates

and a new section 930.200 are added to

read as follows:

Subpart—Assessment Rates

§ 930.200 Handler assessment rate.

On and after the effective date of this

rule, the assessment rate imposed on

handlers shall be $0.0025 per pound of

cherries handled for tart cherries grown

in the production area and utilized in

the production of tart cherry products

other than juice, juice concentrate, or

puree. The assessment rate for juice,

juice concentrate, and puree products

shall be $0.0125 per pound.

Dated: October 17, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–28130 Filed 10–20–97; 2:01 pm]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1412

RIN 0560–AF25

Amendment to the Production

Flexibility Contract Regulations

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

production flexibility contract

regulations found at 7 CFR part 1412.
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55151

The amendments add a final date for

producers to designate payment shares

and provide supporting documentation

to be eligible to earn contract payments

in a fiscal year when payment shares

have not been designated in such fiscal

year; change the dates by which a

producer or owner must inform county

committee of changes in interest; add a

final date for producers to request

advance payments; clarify cash lease

provisions; change the provisions for

determining whether a lease is a cash

lease or a share lease with respect to

combination leases; and change the date

by which all landowners, tenants, and

sharecroppers failing to reach an

agreement regarding the division of

contract payments for a fiscal year must

execute a contract to be eligible to

receive the contract payment for that

fiscal year.

DATES: Effective Date: October 23, 1997.

Comments on this rule must be received

on or before November 24, 1997 to be

assured of consideration.

FOR FURTHER INFORMATION CONTACT:

Scotty M. Abbott, Farm Service Agency,

United States Department of

Agriculture, STOP 0517, 1400

Independence Avenue, SW,

Washington, DC 20250–0517, telephone

202–720–5422, Internet address:

Sabbott@wdc.fsa.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

not significant and therefore was not

reviewed by the Office of Management

and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable because CCC is not required

by 5 U.S.C. 553 or any other provision

of law to publish a notice of proposed

rulemaking with respect to the subject

matter of this rule. Section 161(d) of the

Federal Agriculture Improvement and

Reform Act of 1996 (7 U.S.C. 7281)

indicates that the Secretary is to issue

regulations without respect to the notice

and comment provisions of 5 U.S.C. 553

and other statutory and regulatory

requirements. However, the Commodity

Credit Corporation is requesting

comments on the amendments to the

regulations. Accordingly, this interim

final rule is effective upon publication

in the Federal Register, with 30 days for

the submission of comments.

Environmental Evaluation

An Environmental Evaluation with

respect to the proposed rule has been

completed. It has been determined that

this action will not have significant

adverse effects on environmental factors

such as wildlife habitat, water quality,

air quality, land use, or appearance.

Therefore, neither an Environmental

Assessment nor an Environmental

Impact Statement is needed.

Executive Order 12988

This rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this proposed rule

preempt State laws to the extent such

laws are inconsistent with the

provisions of this rule. The provisions

of this rule are not retroactive. Before

any judicial action may be brought

concerning the provisions of this rule,

the administrative remedies must be

exhausted.

Executive Order 12372

This program/activity is not subject to

the provisions of Executive Order

12372, which requires

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).

Paperwork Reduction Act

The amendments to 7 CFR part 1412

set forth in this rule were previously

approved under OMB Control Number

0560–0025. An information collection

notice was published in the Federal

Register (62 FR 27216) on May 19, 1997.

No comments were received regarding

this notice. A revised information

collection package has been submitted

to OMB.

Executive Order 12612

It has been determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

provisions contained in this rule will

not have a substantial direct effect on

States or their political subdivisions or

on the distribution of power and

responsibilities among the various

levels of Government.

Unfunded Mandates Reform Act of

1995

This rule contains no Federal

mandates under the regulatory

provisions of Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

for State, local, and tribal governments

or the private sector. Therefore, this rule

is not subject to the requirements of

sections 202 and 205 of the UMRA.

Discussion of Changes

This rule amends the production

flexibility contract regulations as

follows:

Section 1412.201 Production flexibility

contract.

This rule adds a final date for

producers to designate payment shares

and provide supporting documentation

to be eligible to earn contract payments

in a given fiscal year when payment

shares have not been designated in such

fiscal year. All producers sharing in the

contract payment on a farm, whose

payment shares have not been

designated for such fiscal year must sign

a new contract designating payment

shares, and provide supporting

documentation no later than August 1 of

such fiscal year to be eligible to earn a

contract payment in such fiscal year.

Section 1412.207 Succession-ininterest to a production flexibility

contract.

This rule changes the dates a

producer or owner must inform the

county committee of changes in interest.

A producer or owner must inform the

county committee of changes in interest

by August 1 of the fiscal year in which

the change is made if producers on the

contract remain the same but payment

shares change; or no later than August

1 of such fiscal year, if a new producer

is being added to the contract.

Section 1412.302 Contract payment

provisions.

This rule adds a final date to request

advance payments for fiscal year 1998,

and each subsequent fiscal year. To

receive the advance payment for fiscal

year 1998, and each subsequent fiscal

year, all producers sharing in the

contract payment on the farm must, no

later than 15 days prior to the final date

to issue the advance payment:

(1) Sign the contract designating

payment shares and provide supporting

documentation, if applicable; and

(2) Request the advance payment.

Section 1412.303 Sharing of contract

payments.

This rule clarifies that a lease is a cash

lease, if the lessor receives only a

guaranteed sum certain cash payment,

or fixed quantity of the crop. This rule

also changes provisions with respect to

combination leases. Combination leases

are leases that contain provisions for

both a guaranteed amount such as a

fixed dollar amount, or quantity and a

share of a crop or crop proceeds.

Combination leases include those leases

that provide for the greater of a

guaranteed amount, or share of the crop

or crop proceeds. The amendment

provides that all combination leases

shall be considered share leases for

fiscal year 1998, and later fiscal years.
55152 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

Section 1412.304 Provisions relating to

tenants and sharecroppers.

This rule changes the date by which

all landowners, tenants and

sharecroppers failing to reach an

agreement regarding the division of

contract payments for a fiscal year, must

execute a contract to be eligible to

receive the contract payment for such

fiscal year. If the landowners, tenants

and sharecroppers on a farm fail to

reach an agreement regarding the

division of contract payments for a

fiscal year, the county committee shall

make the payment at a later date if all

persons eligible to receive a share of the

contract payment, have executed a

contract no later than August 1 of that

fiscal year, and subsequently agree to

the division of contract payment.

List of Subjects in 7 CFR Part 1412

Contract acreage, Contract payments,

Production flexibility contract,

Succession-in-interest.

Accordingly, 7 CFR part 1412 is

amended as follows:

PART 1412—PRODUCTION

FLEXIBILITY CONTRACTS FOR

WHEAT, FEED GRAINS, RICE, AND

UPLAND COTTON

1. The authority citation for part 1412

continues to read as follows:

Authority: 7 U.S.C. 7201 et seq.; and 15

U.S.C. 714b and 714c.

2. Section 1412.201 is amended by

adding paragraph (c) to read as follows:

§ 1412.201 Production flexibility contract.

* * * * *

(c) All producers sharing in the

contract payments on a farm whose

payment shares have not been

designated for a fiscal year, must sign

the contract designating payment shares

and provide supporting documentation

as specified in parts 1400, 1405, and 12

of this title, no later than August 1 of the

fiscal year to be eligible to earn a

contract payment in that fiscal year. If

all producers have not signed the

contract by this deadline; no producers

on the contract will be eligible for a

payment for that farm for that fiscal

year. 3. Section 1412.207 paragraph (d) is

revised to read as follows:

§ 1412.207 Succession-in-interest to a

production flexibility contract.

* * * * *

(d) A producer or owner must inform

the county committee of changes in

interest not later than:

(1) August 1 of the fiscal year in

which the change occurs, if producers

on the contract remain the same, but

payment shares change; or

(2) August 1 of the fiscal year in

which the change occurs , if a new

producer is being added to the contract.

* * * * *

4. Section 1412.302 paragraph (b) is

revised to read as follows:

§ 1412.302 Contract payment provisions.

* * * * *

(b) At the option of the producer, for

fiscal year 1997 and each subsequent

fiscal year, 50 percent of the annual

contract payment shall be paid on

December 15 or January 15, as requested

by the producer. To receive the advance

payment the producers on the farm

must be in compliance with all

requirements of the contract at the time

of the advance payment. For fiscal year

1998 and each subsequent fiscal year,

all producers sharing in the contract

payment on the farm must, no later than

15 days prior to the final date to issue

the advance payment sign the contract

designating payment shares and provide

supporting documentation as specified

in parts 1400, 1405, and 12 of this title,

if applicable; and request the advance

payment. If all producers on the farm

have not signed the contract designating

payment shares, according to this

paragraph, then no producers will be

eligible for an advance payment for that

farm for that fiscal year.

* * * * *

5. Section 1412.303 is amended by

removing paragraph (a)(6) and revising

paragraphs (a)(2) and (a)(4) to read as

follows:

§ 1412.303 Sharing of contract payments.

(a) * * *

(2) A lease will be considered a cash

lease if the lease provides for only a

guaranteed sum certain cash payment,

or a fixed quantity of the crop (for

example, cash, pounds, or bushels per

acre).

* * * * *

(4) A lease shall be considered a share

lease if the lease provides for both a

guaranteed amount such as a fixed

dollar amount or quantity and a share of

a crop or crop proceeds, including

leases which provide for the greater of

a guaranteed amount or share of the

crop or crop proceeds.

* * * * *

6. Section 1412.304 paragraph (b) is

revised to read as follows:

§ 1412.304 Provisions relating to tenants

and sharecropper.

* * * * *

(b) Notwithstanding the provisions set

forth at § 1412.302(c), if the landowners,

tenants and sharecroppers on a farm fail

to reach an agreement regarding the

division of contract payments for a

fiscal year, the county committee shall

make the payment at a later date if all

persons eligible to receive a share of the

contract payment, have executed a

contract not later than August 1 of the

applicable fiscal year and subsequently

agree to the division of contract

payment.

Signed at Washington, DC, on October 15,

1997.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–28009 Filed 10–22–97; 8:45 am]

BILLING CODE 3410–05–P ‘

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245

[EOIR No. 119 I; A.G. ORDER No. 2120–

97]

RIN 1125–AA20

Executive Office for Immigration

Review; Adjustment of Status to That

of Person Admitted for Permanent

Residence

AGENCY: Executive Office for

Immigration Review, Immigration and

Naturalization Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

date by which aliens must file and pay

for their applications for adjustment of

status pursuant to section 245(i) of the

Immigration and Nationality act. Such

applications are adjudicated by the

Executive Office for Immigration

Review, including the Board of

Immigration Appeals and the

Immigration Courts, or the Immigration

and Naturalization Service. This rule

also clarifies the procedure for paying

for such adjustment applications when

filed in conjunction with motions to

reopen or reconsider.

DATES: Effective Date: This rule is

effective October 23, 1997.

Comment Date: Written comments

must be received on or before December

22, 1997.

ADDRESSES: Please submit written

comments to Margaret M. Philbin,

General Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia,

22041.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, General Counsel,

Executive Office for Immigration

Review, 5107 Leesburg Pike, Suite 2400,