This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

19023

Vol. 62, No. 75

Friday, April 18, 1997

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1427

RIN 0560–AF12

Amendments to the Regulations for

the Nonrecourse Cotton Loan and

Loan Deficiency Payment Programs

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: The Commodity Credit

Corporation (CCC) amended regulations

for the nonrecourse cotton loan and loan

deficiency payment (LDP) programs by

transferring existing requirements

regarding open yard storage

endorsements and fire insurance

coverage from the warehouse receipt

section to the general eligibility section

of the regulations.

EFFECTIVE DATE: April 18, 1997.

FOR FURTHER INFORMATION CONTACT:

George A. Stickels, Agricultural Program

Specialist—Cotton, USDA, Farm Service

Agency, Price Support Division, STOP

0512, 1400 Independence Avenue, SW,

Washington, D.C., 20250–0512;

telephone (202) 720–7935.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be not significant and was not reviewed

by the Office of Management and

Budget (OMB) under Executive Order

12866.

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).

Executive Order 12988

This final rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this final rule do not

preempt State laws, are not retroactive,

and do not involve administrative

appeals.

Paperwork Reduction Act

The amendments set forth in this final

rule do not generate any new or revised

information collection or record keeping

requirements on the public. The existing

information collections were previously

cleared by OMB and assigned OMB

control number 0560–0120.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule because it

has been determined that this rule will

not have a significant effect on a

substantial number of small businesses.

Obtaining a cotton loan or LDP is

strictly voluntary.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will not have significant impact

on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Background

Pursuant to the provisions of 7 CFR

part 1427, the Secretary has the

authority to require that specific

information be provided on paper

warehouse receipts or on an electronic

warehouse receipt (EWR) record, as a

condition for obtaining nonrecourse

cotton loans or LDP’s. For cotton to be

eligible for a nonrecourse loan or LDP,

7 CFR part 1427 presently requires that

each paper warehouse receipt or EWR

must be issued by a warehouse with an

existing Cotton Storage Agreement

(CSA) under terms of the United States

Warehouse Act; and must indicate that

any open yard storage endorsement has

been rescinded and that the bale is

covered by fire insurance.

Warehouses with an existing CSA

must: (1) Keep CCC-interest cotton

stored within a facility approved by

CCC; and (2) at all times keep all CCCloan cotton insured against loss or

damage by fire. Because of these CSA

requirements, and because only receipts

issued by a warehouse with an existing

CSA are eligible for CCC loan or LDP,

CCC has determined it unnecessary that

each paper receipt or EWR also indicate

compliance with open yard

endorsement and fire insurance

requirements. Therefore, CCC has

amended 7 CFR part 1427 by

transferring open yard endorsement and

fire insurance requirements from the

warehouse receipt and insurance

section to the general eligibility

requirements section.

List of Subjects in 7 CFR Part 1427

Cotton, Loan programs—agriculture,

Packaging and containers, Price support

programs, Reporting and recordkeeping

requirements, Surety bonds,

Warehouses.

For the reasons set out in the

preamble, 7 CFR part 1427 is amended

as set forth below.

PART 1427—COTTON

1. The authority citation for part 1427

continues to read as follows:

Authority: 7 U.S.C. 7231–7237; and 15

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

2. Section 1427.5 is amended by

revising paragraph (b)(2) to read as

follows:

§ 1427.5 General eligibility requirements.

* * * * *

(b) * * *

(2) Be in existence and good

condition, be covered by fire insurance,

be stored in a warehouse with an

existing cotton storage agreement in

accordance with §§ 1427.1081 through

1427.1089 at the time of disbursement

of the loan or loan deficiency payment

proceeds, except as provided in

§ 1427.23(f), and be stored in approved

storage as determined in accordance

with § 1427.10;

* * * * *

3. Section 1427.11 is amended by

revising the section heading, and by

revising paragraph (a) to read as follows:

§ 1427.11 Warehouse receipts.

(a) Producers may obtain loans on

eligible cotton represented by

warehouse receipts only if the

warehouse receipts meet the definition

of a warehouse receipt and provide for

delivery of the cotton to bearer or are

properly assigned by endorsement in

blank, so as to vest title in the holder of
19024 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations

the receipt or are otherwise acceptable

to CCC. The warehouse receipt must:

(1) Contain the gin bale number;

(2) Contain the warehouse receipt

number;

(3) Be dated on or prior to the date the

producer signs the note and security

agreement.

* * * * *

Signed at Washington, DC, on April 7,

1997.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–9683 Filed 4–17–97; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 287 and 299

[INS No. 1830–97]

RIN 1115–AE80

Establishment of Pre-enrolled Access

Lane (PAL) Program at Immigration

and Naturalization Service

Checkpoints

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations by establishing a

Pre-enrolled Access Lane (PAL) program

for the use of eligible persons and

vehicles at Service checkpoints within

the United States. This rule is necessary

to permit the Service to facilitate

passage through Service checkpoints

while safeguarding the integrity of law

enforcement at the checkpoints.

DATES: This interim rule is effective

April 18, 1997. Written comments must

be received on or before June 17, 1997.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307,

Washington, DC 20536, Attn: Public

Comment Clerk. To ensure proper

handling, please reference 1830–97 on

your correspondence. Comments are

available for public inspection at this

location by calling (202) 514–3048 to

arrange for an appointment.

FOR FURTHER INFORMATION CONTACT:

William Carter, U.S. Border Patrol,

Immigration and Naturalization Service,

415 I Street, NW., Room 4226,

Washington, DC 20536, telephone (202)

514–3072.

SUPPLEMENTARY INFORMATION: In the

Fiscal Year 1996 Appropriations Act for

the Department of Justice, Congress

required the Service to establish a

computer lane facilitation pilot program

at the San Clemente, California,

checkpoint. See section 101 of Public

Law 104–134 (April 26, 1996). The

Service has determined that the Preenrolled Access Lane (PAL) program

implemented by this interim rule is the

best means of complying with this

congressional mandate.

Under the PAL program, the Service

may establish lanes at checkpoints for

pre-enrolled travelers, the use of which

is restricted to enrolled participants

who the Service has determined present

a low risk of using the lane for unlawful

purposes (and to passengers of such

enrolled participants). A person who

wishes to become an enrolled

participant in the PAL program or to

register a vehicle for use in the lane will

be required to apply to the Service by

using Form I–866—Application

Checkpoint Pre-enrolled Access Lane.

This program is wholly voluntary, and

failure to apply or denial of an

application for the PAL program in no

way prevents a person from passing

through any checkpoint in the regular

traffic lanes.

Prior to approval of any vehicle for

use in the lane, the Service may inspect

such vehicle to ensure that it does not

present evidence of having been used or

prepared to be used to smuggle aliens or

drugs. An electronic transmitter or other

identifier may be affixed to vehicles

authorized for use in the lane. Prior to

enrolling applicants to participate in the

PAL program, the Service will conduct

appropriate checks of immigration, law

enforcement, and criminal history

information records and databases for

information related to the applicant and

any vehicle he or she wishes to register.

This check may include submitting the

applicant’s fingerprints to appropriate

law enforcement agencies.

An authorized vehicle may not have

access to a Pre-enrolled Access Lane

unless at least one person in the vehicle

is an enrolled participant in the PAL

program and has specific authorization

to use that vehicle in the PAL. When

using the PAL, an enrolled participant

may carry passengers who are not

enrolled in the PAL, so long as all

passengers are United States citizens,

lawful permanent residents of the

United States or rightful holders of valid

nonimmigrant United States visas. If an

authorized vehicle is sold, stolen, or

otherwise disposed of, authorization to

use that vehicle in the lane is

automatically revoked. Within 24 hours

of when an authorized vehicle is stolen,

or within 7 days of when such vehicle

is sold, or otherwise disposed of or the

license plates are changed, enrolled

participants must give, in person or by

fax, written notice of such occurrence to

the PAL enrollment center at which

their application was filed. If a vehicle

is sold or otherwise disposed of, it is the

responsibility of the enrolled participant

to remove or obliterate any identifying

decal or other authorization for

participation in the PAL program before

or at the time of sale or disposal unless

otherwise notified by the Service. If the

Service installs an electronic transmitter

or similar device on the vehicle, the

enrolled participant must have that

device removed by the Service at the

PAL enrollment center.

Failure to comply with the terms and

conditions established for use of the

lane may result in revocation of the

privilege to participate in the program.

Unless revocation is automatic, the

Service will give written notice of

revocation to the enrolled PAL

participant or mail it to his or her last

known address. However, written

notification is not necessary prior to

revocation of the privilege to participate

in the PAL program. All vehicles

approved for use in the lane remain

subject to being stopped and occupants

questioned during use of the lane in

order to ensure compliance with

immigration and other applicable laws

and the conditions for use of the PAL.

Factors which the Service will

consider in determining the eligibility of

an applicant to enroll in the Preenrolled Access Lane program include,

but are not limited to, lawful presence

in the United States, criminal history

and/or evidence of criminality,

employment, residency, prior

immigration history, possession of a

valid driver’s license, vehicle type,

registration, and inspection.

Good Cause Exception

The Service’s implementation of this

rule as an interim rule with provisions

for post-promulgation public comment

is based upon the ‘‘good cause’’

exceptions to the normal notice and

comment requirement found at 5 U.S.C.

553 (b)(3)(B) and (d)(3). Immediate

implementation of this interim rule

without prior notice and comment is

necessary because of a statutory

requirement. In the Fiscal Year 1996

Appropriations Act, Congress mandated

that the Service establish a commuter

lane facilitation program at the San

Clemente checkpoint within 90 days of

the passage of that Act. See section 101

of Public Law 104–134 (April 26, 1996).

While the INS did initiate a commuter

facilitation pilot program by the