67694 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

PART 412—PUBLIC INFORMATION—

FREEDOM OF INFORMATION

Sec.

412.1 General statement.

412.2 Public inspection and copying.

412.3 Index.

412.4 Requests for records.

412.5 Appeals.

412.6 Timing of responses to requests.

Authority: 5 U.S.C. 552 and 7 U.S.C. 1506.

§ 412.1 General statement.

This part is issued in accordance with

the regulations of the Secretary of

Agriculture published at 7 CFR 1.1–

1.23, and appendix A, implementing the

Freedom of Information Act (5 U.S.C.

552). The Secretary’s regulations, as

implemented by this part, and the Risk

Management Agency (RMA) govern

availability of records of the Federal

Crop Insurance Corporation (FCIC) as

administration of the crop insurance

program for FCIC.

§ 412.2 Public inspection and copying.

(a) Members of the public may request

access to the information specified in

§ 412.2(d) for inspection and copying.

(b) To obtain access to specified

information, the public should submit a

written request, in accordance with 7

CFR 1.6, to the Appeals, Litigation and

Legal Liaison Staff, Risk Management

Agency, United States Department of

Agriculture, 1400 Independence

Avenue, SW, STOP 0807, room 6618–S,

Washington, DC, 20250–0807, from 9:00

a.m.—4:00 pm., EDT Monday through

Friday, except holidays.

(c) When the information requested is

not located at the office of the Appeals,

Litigation and Legal Liaison Staff, the

Appeals, Litigation and Legal Liaison

Staff will direct the request to the

appropriate office where the

information can be obtained. The

requester will be informed that the

request has been forwarded to the

appropriate office.

(d) FCIC will make available for

inspection and copying, unless

otherwise exempt from publication

under sections 552(a)(2)(C) and 552(b):

(1) Final opinions, including

concurring and dissenting opinions and

orders made in the adjudication of

cases; and

(2) Those statements of policy and

interpretations that have been adopted

by FCIC and RMA and are not published

in the Federal Register; and

(3) Administrative staff manuals and

instructions to staff that affect a member

of the public.

§ 412.3 Index.

5 U.S.C. 552(a)(2) requires that each

agency publish, or otherwise make

available, a current index of all

materials available for public inspection

and copying. RMA and FCIC will

maintain a current index providing

identifying information for the public as

to any material issued, adopted, or

promulgated by the Agency since July 4,

1967, and required by section 552(a)(2).

Pursuant to the Freedom of Information

Act provisions, RMA and FCIC have

determined that in view of the small

number of public requests for such

index, publication of such an index

would be unnecessary and

impracticable. Copies of the index will

be available upon request in person or

by mail at the address stated in

§ 412.2(b).

§ 412.4 Requests for records.

The Director of the Appeals,

Litigation and Legal Liaison staff, RMA

located at the above stated address, is

the person authorized to receive

Freedom of Information Act and to

determine whether to grant or deny

such requests in accordance with 7 CFR

1.8.

§ 412.5 Appeals.

Any person whose request under

§ 412.4 is denied shall have the right to

appeal such denial. This appeal shall be

submitted in accordance with 7 CFR

1.13 and addressed to the Manager,

Federal Crop Insurance Corporation,

United States Department of

Agriculture, 1400 Independence

Avenue, SW, STOP 0807, room 6618-S,

Washington, DC, 20250–0807.

§ 412.6 Timing of responses to requests.

(a) In general, FCIC will respond to

requests according to their order of

receipt.

(b) Existing responsive documents or

information may be maintained in

RMA’s field offices. Therefore, extra

time may be necessary to search and

collect the documents.

Signed in Washington, D. C. on December

22, 1997.

Robert Prchal,

Acting Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–33828 Filed 12–29–97; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Docket No. FV98–959–1 IFR]

Onions Grown in South Texas;

Decreased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the South Texas Onion

Committee (Committee) under

Marketing Order No. 959 for the 1997–

98 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of onions

grown in South Texas. Authorization to

assess Texas onion handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 fiscal period

began August 1 and ends July 31. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

DATES: Effective December 31, 1997.

Comments received by March 2, 1998,

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Programs, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax: (202)

205–6632. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Cynthia Cavazos or Belinda G. Garza,

McAllen Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

1313 East Hackberry, McAllen, Texas

78501; telephone: (956) 682–2833, Fax:

(956) 682–5942 or Anne M. Dec,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

205–6632. Small businesses may request

information on compliance with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67695

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 143 and Order No. 959, both as

amended (7 CFR part 959), regulating

the handling of onions grown in South

Texas, hereinafter referred to as the

‘‘order.’’ The marketing agreement and

order are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, South Texas onion handlers

are subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable onions

beginning August 1, 1997, and

continuing until amended, suspended,

or terminated. This rule will not

preempt any State or local laws,

regulations, or policies, 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. Such

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 the date of the

entry of the ruling.

This rule decreases the assessment

rate established for the Committee for

the 1997–98 and subsequent fiscal

periods from $0.07 to $0.05 per 50-

pound container or equivalent.

The Texas onion marketing order

provides authority for the Committee,

with the approval of the Department, to

formulate an annual budget of expenses

and collect assessments from handlers

to administer the program. The

members of the Committee are

producers and handlers of South Texas

onions. They are familiar with the

Committee’s needs and with the costs of

goods and services in their local area

and are thus in a position to formulate

an appropriate budget and assessment

rate. The assessment rate is formulated

and discussed in a public meeting.

Thus, all directly affected persons have

an opportunity to participate and

provide input.

For the 1996–97 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate that would continue in

effect from fiscal period to fiscal period

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other information

available to the Secretary.

The Committee, in a telephone vote,

unanimously recommended 1997–98

administrative expenses of $100,000 for

personnel, office, and the travel portion

of the compliance budget. These

expenses were approved in July 1997.

The assessment rate and funding for

research and promotion projects, and

the road guard station maintenance

portion of the compliance budget were

to be recommended at a later Committee

meeting.

The Committee subsequently met on

November 6, 1997, and unanimously

recommended 1997–98 expenditures of

$245,000 and an assessment rate of

$0.05 per 50-pound container or

equivalent of onions. In comparison,

last year’s budgeted expenditures were

$448,000. The assessment rate of $0.05

is $0.02 less than the rate currently in

effect. The Committee voted to lower its

assessment rate and use more of the

reserve to cover its expenses. The

assessment rate decrease is necessary to

bring expected assessment income

closer to the amount necessary to

administer the program for the 1997–98

fiscal period. At the current rate,

assessment income would exceed

anticipated expenses by about $35,000,

and the projected reserve of $220,000 on

July 31, 1998, would exceed the level

the Committee believes to be adequate

to administer the program.

Major expenses recommended by the

Committee for the 1997–98 fiscal period

include $80,912 for personnel and

administrative expenses, $45,000 for

compliance, $33,088 for promotion, and

$86,000 for onion breeding research.

Budgeted expenses for these items in

1996–97 were $80,000, $120,000,

$150,000, and $98,000, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of South Texas onions.

Onion shipments for the year are

estimated at 4 million 50-pound

equivalents, which should provide

$200,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, will be

adequate to cover budgeted expenses.

Funds in the reserve (currently

$185,000) will be kept within the

maximum permitted by the order

(approximately two fiscal periods’

expenses; § 959.43).

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate is

effective for an indefinite period, the

Committee 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 rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary. The

Committee’s 1997–98 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

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

initial 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 the 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 68 producers

of South Texas onions in the production

area and approximately 35 handlers

subject to regulation under the

marketing order. Small agricultural
67696 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

producers have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

less than $500,000 and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. The majority of South

Texas onion producers and handlers

may be classified as small entities.

This rule decreases the assessment

rate established for the Committee and

collected from handlers for the 1997–98

and subsequent fiscal periods from

$0.07 to $0.05 per 50-pound container

or equivalent. The Committee

unanimously recommended 1997–98

expenditures of $245,000 and an

assessment rate of $0.05 per 50-pound

container or equivalent of onions. In

comparison, last year’s budgeted

expenditures were $448,000. The

assessment rate of $0.05 is $0.02 less

than the rate currently in effect. At the

rate of $0.07 per 50-pound container or

equivalent and an estimated 1998 onion

production of 4 million 50-pound

equivalents, the projected reserve on

July 31, 1998, would exceed the level

the Committee believes to be adequate

to administer the program. The

Committee decided that an assessment

rate of less than $0.05 would not

generate the income necessary to

administer the program with an

adequate reserve.

Major expenses recommended by the

Committee for the 1997–98 fiscal period

include $80,912 for personnel and

administrative expenses, $45,000 for

compliance, $33,088 for promotion, and

$86,000 for onion breeding research.

Budgeted expenses for these items in

1996–97 were $80,000, $120,000,

$150,000, and $98,000, respectively.

Onion shipments for the year are

estimated at 4 million 50-pound

equivalents, which should provide

$200,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, will be

adequate to cover budgeted expenses.

Funds in the reserve (currently

$185,000) will be kept within the

maximum permitted by the order

(approximately two fiscal periods’

expenses; § 959.43).

Recent price information indicates

that the grower price for the 1997–98

marketing season will range between

$7.00 and $12.00 per 50-pound

container or equivalent of onions.

Therefore, the estimated assessment

revenue for the 1997–98 fiscal period as

a percentage of total grower revenue

will range between .714 and .417

percent.

This action reduces the assessment

obligation imposed on handlers. While

this rule imposes some additional costs

on handlers, the costs are minimal and

in the form of uniform assessments on

all handlers. Some of the additional

costs may be passed on to producers.

However, these costs will be offset by

the benefits derived by the operation of

the marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the South Texas

onion industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the November 6,

1997, meeting was a public meeting and

all entities, both large and small, were

able to express views on this issue.

Finally, interested persons are invited to

submit information on the regulatory

and informational impacts of this action

on small businesses.

This action will not impose any

additional reporting or recordkeeping

requirements on either small or large

South Texas onion handlers. As 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

rule. After consideration of all relevant

matter presented, including the

information and recommendation

submitted by the Committee 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.

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) This action reduces the

current assessment rate for South Texas

onions; (2) the 1997–98 fiscal period

began on August 1, 1997, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable onions handled during

such fiscal period; (3) handlers are

aware of this action which was

unanimously recommended by the

Committee at a public meeting and is

similar to other assessment rate actions

issued in past years; and (4) this interim

final rule provides a 60-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 959

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 959 is amended as

follows:

PART 959—ONIONS GROWN IN

SOUTH TEXAS

1. The authority citation for 7 CFR

part 959 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 959.237 [Amended]

2. Section 959.237 is amended by

removing the words ‘‘August 1, 1996,’’

and adding in their place the words

‘‘August 1, 1997,’’ and by removing

‘‘$0.07’’ and adding in its place ‘‘$0.05.’’

Dated: December 22, 1997.

Sharon Bomer Lauritsen,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 97–33907 Filed 12–29–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Parts 545, 550, 563e, and 571

[No. 97–129]

RIN 1550–AB09

Fiduciary Powers; Community

Reinvestment Act

AGENCY: Office of Thrift Supervision,

Treasury.

ACTION: Final rule.

SUMMARY: The Office of Thrift

Supervision (‘‘OTS’’) is issuing a final

rule revising its fiduciary powers

regulation. The final rule updates,

clarifies, and streamlines OTS

regulations, incorporates significant

interpretive guidance, and eliminates

unnecessary regulatory burden. The

final rule consolidates all regulations on

the fiduciary powers of Federal savings

associations into a single part.

Additionally, this part has been revised

to incorporate the OTS current policy

statement on the fiduciary activities of

State-chartered savings associations.

The OTS is also amending its

Community Reinvestment Act (‘‘CRA’’)

regulations. The change conforms the

scope of the OTS’s CRA regulations to

the regulations of the other Federal

banking agencies. It exempts certain

savings associations that do not perform

commercial or retail banking services by