Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 / Proposed Rules 31943

and pork products subject to assessment

as published in the Federal Register as

a final rule May 13, 1997, and effective

on June 12, 1997; (62 FR 26205). This

decrease is consistent with the decrease

in the annual average price of domestic

barrows and gilts for calendar year 1997

as reported by USDA, AMS, Livestock

and Grain Market News (LGMN)

Branch. This decrease in assessments

would make the equivalent market

value of the live porcine animal from

which the imported pork and pork

products were derived reflect the recent

decrease in the market value of

domestic porcine animals, thereby

promoting comparability between

importer and domestic assessments.

This proposed rule would not change

the current assessment rate of 0.45

percent of the market value.

The methodology for determining the

per pound amounts for imported pork

and pork products was described in the

Supplementary Information

accompanying the Order and published

in the September 5, 1986, Federal

Register at 51 FR 31901. The weight of

imported pork and pork products is

converted to a carcass weight equivalent

by utilizing conversion factors which

are published in the Department’s

Statistical Bulletin No. 697 ‘‘Conversion

Factors and Weights and Measures.’’

These conversion factors take into

account the removal of bone, weight lost

in cooking or other processing, and the

nonpork components of pork products.

Secondly, the carcass weight equivalent

is converted to a live animal equivalent

weight by dividing the carcass weight

equivalent by 70 percent, which is the

average dressing percentage of porcine

animals in the United States. Thirdly,

the equivalent value of the live porcine

animal is determined by multiplying the

live animal equivalent weight by an

annual average market price for barrows

and gilts as reported by USDA, AMS,

LGMN Branch. This average price is

published on a yearly basis during the

month of January in LGMN Branch’s

publication ‘‘Livestock, Meat, and Wool

Weekly Summary and Statistics.’’

Finally, the equivalent value is

multiplied by the applicable assessment

rate of 0.45 percent due on imported

pork and pork products. The end result

is expressed in an amount per pound for

each type of pork or pork product. To

determine the amount per kilogram for

pork and pork products subject to

assessment under the Act and Order, the

cent per pound assessments are

multiplied by a metric conversion factor

2.2046 and carried to the sixth decimal.

The formula in the preamble for the

Order at 51 FR 31901 contemplated that

it would be necessary to recalculate the

equivalent live animal value of

imported pork and pork products to

reflect changes in the annual average

price of domestic barrows and gilts to

maintain equity of assessments between

domestic porcine animals and imported

pork and pork products.

The average annual market price

decreased from $52.77 in 1996 to $51.30

in 1997, a decrease of about 3 percent.

This decrease would result in a

corresponding decrease in assessments

for all HTS numbers listed in the table

in § 1230.110, 62 FR 26205; May 13,

1997, of an amount equal to onehundredth of a cent per pound, or as

expressed in cents per kilogram, twohundredths of a cent per kilogram.

Based on the most recent available

Department of Commerce, Bureau of

Census, data on the volume of imported

pork and pork products available for the

period January 1, 1997, through

September 30, 1997, the proposed

decrease in assessment amounts would

result in an estimated $48,000 decrease

in assessments over a 12-month period.

This proposed rule provides for a 30-

day comment period. This comment

period is appropriate because the

proposed rule simply provides for an

adjustment in the per pound assessment

levels on imported pork and pork

products to reflect changes in live hog

prices which occurred from 1996 to

1997. These live hog prices form the

basis for the assessments. This

adjustment, if adopted, should be made

effective as soon as possible to promote

optimum equity.

List of Subjects in 7 CFR Part 1230

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreement, Meat

and meat products, Pork and pork

products.

For the reasons set forth in the

preamble, it is proposed that 7 CFR Part

1230 be amended as follows:

PART 1230–PORK PROMOTION,

RESEARCH, AND CONSUMER

INFORMATION

1. The authority citation for 7 CFR

Part 1230 continues to read as follows:

Authority: 7 U.S.C. 4801–4819.

Subpart B—[Amended]

2. Section 1230.110 is revised to read

as follows:

§ 1230.110 Assessments on imported pork

and pork products.

(a) The following HTS categories of

imported live porcine animals are

subject to assessment at the rate

specified.

Live porcine animals Assessment

0103.10.0000 ............................ 1 0.45

0103.91.0000 ............................ 1 0.45

0103.92.0000 ............................ 1 0.45

1Percent Customs Entered Value.

(b) The following HTS categories of

imported pork and pork products are

subject to assessment at the rates

specified.

Pork and pork

products

Assessment

Cents/lb Cents/kg

0203.11.0000 .... .33 .727518

0203.12.1010 .... .33 .727518

0203.12.1020 .... .33 .727518

0203.12.9010 .... .33 .727518

0203.12.9020 .... .33 .727518

0203.19.2010 .... .38 .837748

0203.19.2090 .... .38 .837748

0203.19.4010 .... .33 .727518

0203.19.4090 .... .33 .727518

0203.21.0000 .... .33 .727518

0203.22.1000 .... .33 .727518

0203.22.9000 .... .33 .727518

0203.29.2000 .... .38 .837748

0203.29.4000 .... .33 .727518

0206.30.0000 .... .33 .727518

0206.41.0000 .... .33 .727518

0206.49.0000 .... .33 .727518

0210.11.0010 .... .33 .727518

0210.11.0020 .... .33 .727518

0210.12.0020 .... .33 .727518

0210.12.0040 .... .33 .727518

0210.19.0010 .... .38 .837748

0210.19.0090 .... .38 .837748

1601.00.2010 .... .46 1.014116

1601.00.2090 .... .46 1.014116

1602.41.2020 .... .50 1.102300

1602.41.2040 .... .50 1.102300

1602.41.9000 .... .33 .727518

1602.42.2020 .... .50 1.102300

1602.42.2040 .... .50 1.102300

1602.42.4000 .... .33 .727518

1602.49.2000 .... .46 1.014116

1602.49.4000 .... .38 .837748

Dated: June 8, 1998.

Barry L. Carpenter,

Deputy Administrator, Livestock and Seed

Program.

[FR Doc. 98–15578 Filed 6–10–98; 8:45 am]

BILLING CODE 3410–02–P

NORTHEAST DAIRY COMPACT

COMMISSION

7 CFR Parts 1301, 1304 and 1306

Over-Order Price Regulation

AGENCY: Northeast Dairy Compact

Commission.

ACTION: Proposed rule.

SUMMARY: The Northeast Dairy Compact

Commission proposes to amend the

current Compact Over-order Price

Regulation to exclude milk from the

pool which is either diverted or
31944 Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 / Proposed Rules

transferred, in bulk, out of the Compact

regulated area. The proposal will limit

the payment of the compact over-order

producer price to milk disposed of

within the Compact regulated area.

The Compact Commission also

proposes a new rule to establish a

reserve fund for reimbursement to

school food authorities. The proposed

reserve fund is required to implement

the previously issued regulation

exempting certain milk sold by school

food authorities from the Over-order

Price Regulation.

DATES: Written comments and exhibits

may be submitted until 5:00 PM, July

15, 1998. A public hearing to take

testimony and receive documentary

evidence relevant to the proposed rules

will be held on July 1, 1998 at 9:00 am.

ADDRESSES: Send comments to

Northeast Dairy Compact Commission,

43 State Street, P.O. Box 1058,

Montpelier, Vermont 05601.

The hearing will be held at the

Capitol Center for the Arts, Governor’s

Hall, 44 South Main Street, Concord,

New Hampshire.

FOR FURTHER INFORMATION CONTACT:

Kenneth M. Becker, Executive Director,

Northeast Dairy Compact Commission at

the above address or by telephone at

(802) 229–1941, or by facsimile at (802)

229–2028.

SUPPLEMENTARY INFORMATION:

Background

The Northeast Dairy Compact

Commission (the ‘‘Commission’’) was

established under authority of the

Northeast Interstate Dairy Compact

(‘‘Compact’’). The Compact was enacted

into law by each of the six participating

New England states as follows:

Connecticut—Pub. L. 93–320; Maine—

Pub. L. 89–437, as amended, Pub. L. 93–

274; Massachusetts—Pub. L. 93–370;

New Hampshire—Pub. L. 93–336;

Rhode Island—Pub. L. 93–106;

Vermont—Pub. L. 89–95, as amended,

Pub. L. 93–57. In accordance with

Article I, Section 10 of the United States

Constitution, Congress consented to the

Compact in Pub. L. 104–127 (FAIR

ACT), Section 147, codified at 7 U.S.C.

7256. Subsequently, the United States

Secretary of Agriculture, pursuant to 7

U.S.C. 7256(1), authorized

implementation of the Compact.

Pursuant to its authority under Article

V, Section 11 of the Compact, the

Commission conducted an informal

rulemaking proceeding to adopt a

Compact Over-order Price Regulation.

See, 62 FR 29626 (May 30, 1997). The

Commission amended and extended the

Compact Over-order Price Regulation on

October 23, 1997. See 62 FR 62810

(November 25, 1997). The Commission

further amended the Over-order Price

Regulation relative to certain milk sold

by school food authorities in New

England. See 63 FR 10104 (February 27,

1998).

Pursuant to its authority under Article

V, Section 11 of the Compact, the

Commission is proposing to amend the

current Compact Over-order Price

Regulation to exclude milk from the

pool which is either diverted or

transferred, in bulk, out of the Compact

regulated area and to establish a reserve

fund to implement the Commission’s

regulation relative to certain milk sold

by school food authorities. The current

Compact Over-order Price Regulation is

codified at 7 CFR 1300 through 1308.

Diverted or Transferred Milk

The current Compact Over-order Price

Regulation permits certain milk to be

qualified for payment of the compact

over-order producer price which is not

disposed of in the compact regulated

area. In the exercise of its administrative

discretion, as a matter of policy, the

Compact Commission proposes to

amend the rules governing the

definitions of ‘‘producer milk’’ and

‘‘diverted milk,’’ as well as the rule

governing the classification of transfers

and diversions to exclude milk, which

is transferred or diverted, in bulk, from

a pool plant to a plant located outside

of the regulated area, from the pool and

disqualify it from the compact overorder producer payment. The proposed

amendments do not affect milk diverted

or transferred to a partially regulated

plant having Class 1 disposition in the

regulated area.

Producer milk is currently defined to

mean milk that the handler has received

from producers. The proposed

amendment would add to this definition

the requirement that such milk is

physically moved to a pool plant in the

regulated area or is diverted pursuant to

§ 1301.23(c).

The proposed regulation amends the

definition of diverted milk, at

§ 1301.23(c), to exclude that volume of

milk from the definition of producer

milk that is moved from a dairy farmer’s

farm to a plant located outside of the

regulated area, except a partially

regulated plant having Class I

disposition in the regulated area.

The proposed amendment also adds a

provision regarding the classification of

transfers and diversions of milk. This

proposed amendment excludes from the

definition of producer milk that volume

of fluid milk (not including bulk

transfers of skimmed milk and

condensed milk) that is transferred or

diverted, in bulk, from a pool plant to

a plant located outside of the regulated

area, except a partially regulated plant

having Class 1 disposition in the

regulated area. The proposed

amendment further requires that all

milk excluded under this provision

shall be prorated to all sources of milk

received at this plant.

Reserve Fund for School Milk Program

The Compact Commission proposes to

establish a reserve fund in order to

implement the Commission’s regulation

at § 1301.13(e). Pursuant to that

regulation, the Commission has entered

into a Memorandum of Understanding

with each of the six New England states

regarding the school milk

reimbursement program. Through the

Memorandum of Understanding, the

Commission has created a school milk

reimbursement program for the 1998–

1999 school year which will permit the

Commission to reimburse school food

authorities, as defined by 7 CFR 210.2,

to the extent that the school food

authorities can demonstrate and

document that the costs of eight-ounce

cartons of milk have been increased by

operation of the Compact Over-order

Price Regulation. The proposed

regulation authorizes the Commission to

establish the reserve fund necessary to

process any qualified reimbursement

claims that are submitted by school food

authorities.

Date, Time and Location of the Public

Hearing

The Northeast Dairy Compact

Commission will hold a public hearing

at 9:00 AM on July 1, 1998 at the Capitol

Center for the Arts, Governor’s Hall, 44

South Main Street, Concord, New

Hampshire.

Request for Written Comments

Pursuant to Article VI(D) of the

Commission’s Bylaws, any person may

participate in the rulemaking

proceeding independent of the hearing

process by submitting written comments

and exhibits to the Commission.

Comments and exhibits may be

submitted at any time before 5:00 PM on

July 15, 1998. Comments and exhibits

will be made part of the record of the

rulemaking proceeding only if they

identify the author’s name, address and

occupation, and if they include a sworn

notarized statement indicating that the

comment and/or exhibit is presented

based upon the author’s personal

knowledge and belief. Facsimile copies

will be accepted up until the 5:00 PM

deadline but the original must then be

sent by ordinary mail.

Comments and exhibits should be

sent to: Northeast Dairy Compact
Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 / Proposed Rules 31945

Commission, 43 State Street, P.O. Box

1058, Montpelier, Vermont 05601, (802)

229–2028 (fax).

For more information contact the

Compact Commission offices.

List of Subjects in 7 CFR Parts 1301,

1304 and 1306

Milk.

Codification in Code of Federal

Regulations

For reasons set forth in the preamble,

the Northeast Dairy Compact

Commission proposes to amend 7 CFR

Chapter XIII as follows:

PART 1301—DEFINITIONS

1. The authority citation for part 1301

continues to read as follows:

Authority: 7 U.S.C. 7256.

2. Section 1301.12 is revised to read

as follows:

§ 1301.12 Producer milk.

Producer milk means milk that the

handler has received from producers

and is physically moved to a pool plant

in the regulated area or is diverted

pursuant to § 1301.23(c) . The quantity

of milk received by a handler from

producers shall include any milk of a

producer that was not received at any

plant but which the handler or an agent

of the handler has accepted, measured,

sampled, and transferred from the

producer’s farm tank into a tank truck

during the month. Such milk shall be

considered as having been received at

the pool plant at which other milk from

the same farm of that producer is

received by the handler during the

month, except that in the case of a

cooperative association in its capacity as

a handler under § 1301.9(d), the milk

shall be considered as having been

received at a plant in the zone location

of the pool plant, or pool plants within

the same zone, to which the greatest

aggregate quantity of the milk of the

cooperative association in such capacity

was moved during the current month or

the most recent month.

3. In § 1301.23, paragraph (c) is

revised to read as follows:

§ 1301.23 Diverted milk.

* * * * *

(c) Milk moved, as described in

paragraphs (a) and (b) of this section,

from dairy farmers’ farms to partially

regulated plants having Class I

distribution in the regulated area in

excess of 35 percent in the months of

September through November and 45

percent in other months, of the total

quantity of producer milk received

(including diversions) by the handler

during the month shall not be diverted

milk. Such milk, and any other milk

reported as diverted milk that fails to

meet the requirements set forth in this

section, shall be considered as having

been moved directly from the dairy

farmers’ farms to the plant of physical

receipt, and if that plant is a nonpool

plant the milk shall be excluded from

producer milk. Milk moved, as

described in paragraph (a) and (b) of this

section, from a dairy farmer’s farm to a

plant located outside of the regulated

area, except a partially regulated plant

having Class I disposition in the

regulated area, that volume of milk shall

be excluded from producer milk.

PART 1304—CLASSIFICATION OF

MILK

1. The authority citation of part 1304

continues to read as follows:

Authority: 7 U.S.C. 7256.

2. Section 1304.2 is amended by

adding paragraph (c) to read as follows:

§ 1304.2 Classification of transfers and

diversions.

* * * * *

(c) Fluid milk products (not including

bulk transfers of skimmed milk and

condensed milk) transferred or diverted

in bulk from a pool plant to a plant

located outside of the regulated area,

except a partially regulated plant having

Class I disposition in the regulated area,

that volume shall be excluded from

producer milk. The milk excluded

pursuant to this paragraph shall be

prorated to all sources of milk received

at this plant.

PART 1306—COMPACT OVER-ORDER

PRODUCER PRICE

1. The authority for part 1306

continues to read as follows:

Authority: 7 U.S.C. 7256.

2. In § 1306.3 redesignate paragraphs

(d) through (f) as paragraphs (e) through

(g) and add new paragraph (d) to read

as follows:

§ 1306.3 Computation of basic over-order

producer price

* * * * *

(d) Beginning with the August 1998

pool, subtract from the total value

computed pursuant to paragraph (a) of

this section, an amount estimated by the

Commission for the purpose of retaining

a reserve for payment of obligations

pursuant to § 1301.13(e) of this chapter.

Surplus funds from this reserve shall be

returned to the producer-settlement

fund.

* * * * *

Dated: June 5, 1998.

Kenneth M. Becker,

Executive Director.

[FR Doc. 98–15547 Filed 6–10–98; 8:45 am]

BILLING CODE 1650–01–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 208

[INS Order No. 1865–97; AG Order No.

2164–98]

RIN 1115–AE93

Executive Office for Immigration

Review; New Rules Regarding

Procedures for Asylum and

Withholding of Removal

AGENCY: Immigration and Naturalization

Service; Executive Office for

Immigration Review, Department of

Justice.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend

the Department regulations that govern

asylum and withholding of removal.

The amendments focus on portions of

the regulations that deal with cases

where an applicant has established past

persecution or where the applicant may

be able to avoid persecution in his or

her home country by relocating to

another area of that country. In the

current regulation, these portions set out

restrictive guidelines about how the

Attorney General’s discretion should be

exercised in cases where past

persecution is established and about

what kind of relevant evidence can be

considered in determining whether an

applicant has a well-founded fear of

future persecution. This rule is intended

to establish new guidelines about these

issues. The rule continues to provide

that, in cases where the applicant has

established past persecution, the

Attorney General may deny asylum in

the exercise of discretion if it is

established by a preponderance of the

evidence that the applicant does not

face a reasonable possibility of future

persecution in the applicant’s country of

nationality or, if stateless, the

applicant’s country of last habitual

residence. In this regard, however, the

rule has been changed to make clear that

the asylum officer or immigration judge

may rely on any evidence relating to the

likelihood of future persecution. The

rule makes similar changes to

regulations regarding withholding of

deportation. The rule also identifies

new factors that may be considered in

the exercise of discretion in asylum

cases where the alien has established

past persecution but may not have a