15362 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

TABLE 1—Continued

Column A variety

Column B

maturity

guide

Redglobe ................................. C

Redhaven ................................ G

Red Lady ................................. G

Redtop ..................................... G

Regina ..................................... G

Rich Lady ................................ J

Rich May ................................. H

Rio Oso Gem .......................... I

Royal Lady .............................. J

Royal May ............................... G

Ruby May ................................ H

Ryan Sun ................................ I

Scarlet Lady ............................ F

September Sun ....................... I

Sierra Crest ............................. H

Sierra Lady .............................. I

Sparkle .................................... I

Springcrest .............................. G

Spring Lady ............................. H

Springold ................................. D

Sugar Lady .............................. J

Summer Lady .......................... L

Summerset .............................. I

Suncrest .................................. G

Topcrest .................................. H

Tra Zee .................................... J

Willie Red ................................ G

Zee Lady ................................. L

Note: Consult with the Federal or FederalState Inspection Service Supervisor for the

maturity guides applicable to the varieties

not listed above.

(ii) * * *

(iii) Container tolerances. The

contents of individual packages in the

lot are subject to the following

limitations, provided the averages for

the entire lot are within the tolerances

specified in this part:

(A) For packages which contain more

than 10 pounds, and a tolerance of 10

percent or more is provided, individual

packages shall have not more than one

and one-half times the tolerance

specified. For packages which contain

more than 10 pounds and a tolerance of

less than 10 percent is provided,

individual packages shall have not more

than double the tolerance specified.

(B) For packages which contain 10

pounds or less, individual packages are

not restricted as to the percentage of

defects.

* * * * *

(5) Any package or container of

Babcock, Crimson Lady, Crown

Princess, David Sun, Early May Crest,

Flavorcrest, Golden Crest, Honey Red,

June Lady, June Sun, Kern Sun,

Kingcrest, Kings Red, May Crest, May

Sun, Merrill Gemfree, Queencrest, Ray

Crest, Redtop, Rich May, Rich Mike,

Snow Brite, Snow Flame, Springcrest,

Spring Lady, Sugar May, Sweet Gem, or

Sweet Scarlet variety of peaches unless:

* * * * *

(6) Any package or container of

Amber Crest, August Lady, August Sun,

Autumn Crest, Autumn Flame, Autumn

Gem, Autumn Lady, Autumn Rose,

Belmont (Fairmont), Berenda Sun,

Blum’s Beauty, Cal Red, Carnival,

Cassie, Champagne, Diamond Princess,

Early Elegant Lady, Early O’Henry,

Elegant Lady, Fairtime, Fancy Lady, Fay

Elberta, Fire Red, Flamecrest, John

Henry, July Sun, June Pride, Kaweah,

Kings Lady, Lacey, Late Ito Red, Mary

Anne, O’Henry, Prima Gattie, Prima

Lady, Red Dancer, Red Sun, Rich Lady,

Royal Lady, Ryan Sun, Scarlet Snow,

September Snow, September Sun, Sierra

Lady, Snow Ball, Snow Diamond, Snow

Giant, Snow King, Sparkle, Sprague Last

Chance, Sugar Giant, Sugar Lady,

Summer Lady, Summer Sweet, Summer

Zee, Suncrest, Tra Zee, Vista, White

Lady, or Zee Lady variety of peaches

unless:

* * * * *

Dated: March 24, 1997.

Eric M. Forman,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 97–8346 Filed 3–28–97; 11:32 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Executive Office for Immigration

Review

8 CFR Parts 3, 208 and 236

[INS 1788–96; AG Order No. 2071–97]

RIN 1115–AE47

Inspection and Expedited Removal of

Aliens; Detention and Removal of

Aliens; Conduct of Removal

Proceedings; Asylum Procedures;

Correction

AGENCY: Immigration and Naturalization

Service and Executive Office for

Immigration Review.

ACTION: Correction to interim regulation.

SUMMARY: This document contains

corrections to the interim regulation,

published Thursday, March 6, 1997 (62

FR 10312), relating to inspection and

expedited removal of aliens, detention

and removal of aliens, conduct of

removal proceedings, and asylum

procedures.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin (703) 305–0470 (not

a toll free call).

SUPPLEMENTARY INFORMATION:

Background

The interim regulation that is the

subject of these corrections amends the

regulations of the Immigration and

Naturalization Service (INS) and

Executive Office for Immigration

Review (EOIR) to implement the

provisions of the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996 (IIRIRA) governing

expedited and regular removal

proceedings, handling of asylum claims,

and other activities involving the

apprehension, determination, hearing of

claims and ultimately the removal of

inadmissible and deportable aliens. This

rule also incorporates a number of

changes which are part of the

Administration’s reinvention and

regulation streamlining effort.

Need for Correction

As published, the interim regulation

contains errors which may prove to be

misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication on

March 6, 1997 of the interim regulation

(INS No. 1788–96; AG ORDER No.

2071–97), which was the subject of FR

Doc. 97–5250, is corrected as follows:

§ 3.1 [Corrected]

1. On page 10330 in the third column,

in § 3.1(b)(7), line 4, the words ‘‘and 8

CFR part 240, subpart E’’ are deleted.

§ 3.23 [Corrected]

2a. On page 10333, in the third

column, in § 3.23(b)(4)(ii), lines 1 and 2,

the words ‘‘in asylum proceedings or’’

are deleted and in lines 4 through 6, the

words ‘‘in asylum proceedings pursuant

to § 208.2(b) of this chapter or’’ are

deleted.

2b. On page 10334, in the first

column, in § 3.23(b)(4)(ii), lines 5 and 6,

the words ‘‘pursuant to § 208.2(b) of this

chapter or’’ are deleted.

§ 3.26 [Corrected]

3. On page 10334, in the third

column, in § 3.26(c), paragraph (2), the

words ‘‘or the alien’s counsel of record’’

are added before the period at the end

of the paragraph.

§ 208.2 [Corrected]

4. On page 10337, in the third

column, in § 208.2(b)(2)(i), line 2, the

words ‘‘Except as provided in this

section,’’ are added before the word

‘‘Proceedings’’ and the capital ‘‘P’’ in

‘‘Proceedings’’ is changed to a lower

case ‘‘p.’’
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15363

§ 235.4 [Corrected]

5a. On page 10358, in the first

column, in § 235.4, line 1, the letter

‘‘(a)’’ is deleted.

5b. On page 10358, in the first

column, in § 235.4, paragraph (b), the

letter ‘‘(b)’’ is deleted and the text of that

paragraph is moved to § 240.1 as a new

paragraph (d) with the following

heading: ‘‘(d) Withdrawal of application

for admission.’’

§ 236.1 [Corrected]

6a. On page 10360, in the third

column, in § 236.1 paragraph (c)(1) is

redesignated as paragraph (c)(1)(i) and a

new paragraph (c)(1)(ii) is added to read

as follows:

§ 236.1 Apprehension, custody, and

detention.

* * * * *

(c)(1)(i) * * *

(ii) While the Transition Period

Custody Rules remain in effect, this

paragraph and paragraph (d) of this

section shall be subject to those Rules.

* * * * *

6b. On page 10360, in the third

column, in § 236.1(c), paragraph (2), the

following is added at the end of the

paragraph: ‘‘Such an officer may also, in

the exercise of discretion, release an

alien in deportation proceedings

pursuant to the authority in section 242

of the Act (as designated prior to April

1, 1997), except as otherwise provided

by law.

6c. On page 10361, in the first

column, in § 236.1(d)(1), line 13, after

the phrase ‘‘236 of the Act’’ the

following phrase is added: ‘‘(or section

242(a)(1) of the Act as designated prior

to April 1, 1997 in the case of an alien

in deportation proceedings).’’

Rosemary Hart,

Federal Register Liaison Officer.

[FR Doc. 97–8105 Filed 3–31–97; 8:45 am]

BILLING CODE 4410–30–M

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

9 CFR Part 205

RIN 0580–AA50

Clear Title—Protection for Purchasers

of Farms Products

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Final rule.

SUMMARY: This document makes final an

interim rule amending regulations

relating to the establishment and

management of statewide central filing

systems as they pertain specifically to

the filing of ‘‘effective financing

statements’’ for ‘‘farm products’’ as

defined in section 1324 of the Food

Security Act of 1985 (7 U.S.C. 1631) by

allowing electronic filing of effective

financing statements without the prior

signature of the debtor provided State

law authorizes such a filing. The interim

rule brought the regulations into

conformity with Sections 662 and 663 of

the Federal Agriculture Improvement

and Reform Act of 1996.

EFFECTIVE DATE: October 22, 1996.

FOR FURTHER INFORMATION CONTACT:

Gerald E. Grinnell, Industry Analysis

Staff, Packers and Stockyards Programs,

Grain Inspection, Packers and

Stockyards Administration, STOP 3647,

Room 3052, South Building, 1400

Independence Avenue S.W.,

Washington, D.C. 20250–3647, (202)

720–7455. Kimberly D. Hart, Esquire,

Trade Practices Division, Office of the

General Counsel, STOP 1413, Room

2430, South Building, 1400

Independence Avenue S.W.,

Washington, D.C. 20250–1413, (202)

720–8160.

SUPPLEMENTARY INFORMATION:

Background

An interim rule was published in the

Federal Register on October 22, 1996

(61 FR 54727) which allows electronic

filing of effective financing statements

without the signature of the debtor

provided State law authorizes such a

filing. The interim rules also allows

States to distribute the master list by

electronic means if requested by

registrants.

Section 1324 of the Food Security Act

of 1985 (Pub. L. 99–198) (7 U.S.C. 1631)

(hereinafter ‘‘the Act’’) provides that

certain persons may be subject to a

security interest in a farm product

created by the seller under certain

circumstances in which a lender files an

‘‘effective financing statement’’ with the

‘‘system operator’’ in a State which has

a certified central filing system as

defined by the Act. The Act requires the

Secretary of Agriculture to prescribe

regulations ‘‘to aid States in the

implementation and management of a

central filing system.’’ The Grain

Inspection, Packers and Stockyards

Administration was delegated with the

Secretary’s responsibilities under the

Act. Those regulations (9 CFR 205) were

published on August 18, 1986 (51 FR

29450).

The Secretary’s authority and

responsibility under the Act is limited

to certification and prescribing

regulations to aid in the implementation

and management of certified central

filing systems. The Act does not give the

Secretary the authority or responsibility

for such matters as direct notification by

secured parties, sales of and payment

for products, procedures for payment or

procedures for personal liability

protection. Those matters are governed

by State law. The Act does not contain

any enforcement mechanism for

noncompliance with the Act or its

regulations.

Section 662 of the Federal Agriculture

Improvement and Reform Act of 1996

(hereinafter ‘‘the Statute’’) amended the

Act and section 663 of the Statute

provided that the amendment become

effective upon enactment. The Act was

amended because of concerns of States

with certified central filing systems who

desired to implement electronic filing

procedures but could not because of the

Act’s requirement that the debtor must

sign the effective financing statement.

Commercial lenders also expressed

concern and confusion due to the

vagueness of the continuation

provisions for effective financing

statements included in the Act and its

inconsistency with Article IX of the

Uniform Commercial Code.

Prior to the Act’s amendment by the

Statute, lenders could not electronically

file effective financing statements or

amendments to the effective financing

statements with State certified central

filing systems because such statements

were required to contain the signature of

the debtor which could not be

transmitted electronically. The

amendment contained in the Statute

was intended to remedy these concerns.

Section 662 of the Statute amended

the Act. Section 663 of the Statute

provided that the amendment become

effective upon enactment. It is therefore

necessary to amend the regulations to

conform to the amendment to the Act.

Since prior notice and other public

procedures with respect to the interim

rule were impracticable and contrary to

the public interest under these

conditions, and because the rule

relieves a regulatory restriction, there

was good cause under 5 U.S.C. 553 to

make it effective upon publication.

Comments Received

Two comments were received in

response to the interim rule, one from

a national bankers association and the

other from a State bankers association.

The comments support removal of the

signature requirement for effective

financing statements and encourage the

Department to remove the signature

requirement for paper-based

continuation statements. Section

205.209(d) of the regulations currently