Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21037

which requires intergovernmental

consultation with State and local

officials. See the notice related to 7 CFR

part 3015, subpart V published at 48 FR

2915 (June 24, 1983).

Executive Order 12778

This interim rule has been reviewed

in accordance with Executive Order

12778. The provisions of this interim

rule are not retroactive and preempt

State laws to the extent that such laws

are inconsistent with the provisions of

this interim rule. Before any legal action

is brought regarding determinations

made under provisions of 7 CFR part

1464, the administrative appeal

provisions set forth at 7 CFR part 780

must be exhausted.

Paperwork Reduction Act

This interim rule does not change the

CFSA information collection

requirements that have been approved

by OMB and assigned control number

0560–0058. The FCIC information

collection requirements for 0563–0003

have been modified and approved by

OMB to reflect the program

requirements imposed by the Federal

Crop Insurance Reform Act of 1994.

A. The Federal Crop Insurance Act of

1994

The 1994 Act was enacted on October

13, 1994, and amended the Federal Crop

Insurance Act. The 1994 Act requires

FCIC to implement a catastrophic risk

protection plan of insurance which is

the basic level of coverage required to be

purchased by a producer to be eligible

for price support and other U.S.

Department of Agriculture farm program

benefits. FCIC issued an interim rule

published in the Federal Register on

Friday, January 6, 1995 (Vol. 60, No. 4,

pages 1996 through 2005) implementing

this and other 1994 Act provisions.

B. Tobacco Loan Program

This rule amends 7 CFR part 1464 for

the tobacco program to reflect the 1994

Act’s insurance provisions. Under the

rule, as under the act, beginning with

the 1995 crops, tobacco producers will

be ineligible for price support unless

they purchase catastrophic risk

protection crop insurance in accordance

with FCIC rules in an amount which

equals or exceeds the minimal amount

set by FCIC. This requirement is

statutory. For that reason, because this

rule mirrors the previously published

FCIC rules, and because of the onset of

the growing season, it has been

determined that there would be no

purpose in delaying the effectiveness of

this rule and that such delay would be

contrary to the public interest.

Therefore, it has been determined that

this rule should be published as an

interim rule without prior comment.

List of Subjects in 7 CFR Part 1464

Assessments, Loan program,

Agriculture, Price support program,

Tobacco, Warehouses.

For the reasons set out in the

preamble, 7 CFR part 1464 is amended

as follows:

PART 1464—TOBACCO

1. The authority citation for part 1464

continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445,

1445–1, and 1445–2; 15 U.S.C. 714b, 714c.

2. Section 1464.7 is amended by

adding a new paragraph (f) to read as

follows:

§ 1464.7 Eligible producer.

* * * * *

(f) Must be in compliance with the

provisions of parts 400 and 402 of this

title by purchasing an amount of

catastrophic insurance coverage which

equals or exceeds the minimal required

under those parts.

Signed at Washington, DC on April 21,

1995.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–10601 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–05–M

7 CFR Part 1494

Export Bonus Programs

AGENCY: Commodity Credit Corporation

(CCC), USDA.

ACTION: Final rule.

SUMMARY: CCC is issuing this final rule

to amend its regulations to: (1) Delete

the export experience requirement for

qualification to participate in the Export

Enhancement Program (EEP) and the

Dairy Export Incentive Program (DEIP)

and (2) establish the time at which new

program participants would be eligible

to receive bonus payments. These

amendments are intended to provide the

opportunity for a greater number of U.S.

exporters to participate in the EEP and

the DEIP. The final rule also amends

several provisions of the regulations to

make them clearer, easier to read, and

more consistent with the regulations

that apply to some of the other CCC

export programs.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT: L.T.

McElvain, Director, CCC Operations

Division, Foreign Agricultural Service,

U.S. Department of Agriculture, AG Box

1035, Washington D.C., 20250–1035;

Fax (202) 720–2949; Telephone (202)

720–6211. The U.S. Department of

Agriculture (USDA) prohibits

discrimination in its programs on the

basis of race, color, national origin, sex,

religion, age, disability, political beliefs,

and marital or familial status. Persons

with disabilities who require alternative

means for communication of program

information (braille, large print,

audiotape, etc.) should contact the

USDA Office of Communications at

(202) 720–5881 (voice) or (202) 720–

7808 (TDD).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule is issued in

conformance with Executive Order

12866. It has been determined to be

neither significant nor economically

significant for the purposes of E.O.

12866 and, therefore, has not been

reviewed by the Office of Management

and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule since CCC

is not required by 5 U.S.C. 553 or any

other provision of law to publish a

notice of rulemaking with respect to the

subject matter of this rule.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which requires intergovernmental

consultation with State and local

officials. See notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will not have a significant impact

on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Paperwork Reduction Act

The information collection

requirements contained in this rule have

previously been submitted to OMB for

review under the Paperwork Reduction

Act and were assigned OMB control

numbers 0551–0028 and 0551–0029.

Executive Order 12778

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This final rule will have

preemptive effect with respect to any
21038 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

state or local laws, regulations, or

policies which conflict with such

provisions or which otherwise impede

their full implementation. The rule will

not have retroactive effect. The

regulations currently require that certain

administrative remedies be exhausted

before suit may be filed, and this final

rule does not change this requirement.

The Department of Agriculture is

committed to carrying out its statutory

and regulatory mandates in a manner

that best serves the public interest.

Therefore, where legal discretion

permits, the Department actively seeks

to promulgate regulations that promote

economic growth, create jobs, are

minimally burdensome, and are easy for

the public to understand, use or comply

with. In short, the Department is

committed to issuing regulations that

maximize net benefits to society and

minimize costs imposed by those

regulations.

Background

CCC published a proposed rule in the

Federal Register of January 18, 1995 (60

FR 3564) that would amend 7 CFR part

1494 to delete the export experience

requirement for qualification to

participate in the EEP and the DEIP and

establish the time at which new

program participants would be eligible

to receive bonus payments. In addition,

CCC proposed that changes be made to

the regulations to require a certification

from exporters seeking to qualify for

program participation; to delete

unnecessary or redundant language; and

to inform qualified exporters in a more

direct fashion that they have a duty to

update information they have provided

to CCC pursuant to 7 CFR 1494.301(a)

to ensure that it is current and accurate.

The proposed rule also contained other

minor, non-substantive changes

intended to make the rule clearer, easier

to read, and more consistent with the

regulations that apply to some of the

other CCC export programs.

Comments

The deadline for submitting

comments on the proposed rule was

March 20, 1995. CCC received

comments from six U.S. exporters, two

producer associations, and one U.S.

trade association. These nine parties

made approximately 12 separate and

significant comments regarding the

proposed rule.

Five commenters expressed support

for CCC’s proposal to delete the export

experience requirement. One

commenter stated that the export

experience requirement has seriously

limited participation in the DEIP by

certain exporters. Another commenter

felt that this requirement has had the

effect of creating a monopoly which

reduced the competitive edge of U.S.

exports. Furthermore, this respondent

felt that the experience requirement has

forced novice exporters to have to deal

with export sales agents qualified under

the EEP or DEIP. This additional layer,

in the view of the commenter, decreases

the efficiency of the export sale. One

commenter felt that a firm that has the

contacts and resources to do business

overseas should be allowed the

opportunity to do international

business, through its participation in the

programs, in the same way that it has

the opportunity to do business in the

domestic market.

Another commenter felt that the

experience requirement has restricted

the ability of many U.S. dairy product

companies to export and that dispensing

with this requirement will broaden the

potential exporter base for U.S. dairy

products. This respondent, however,

was opposed to CCC’s proposal to defer

payment of bonuses to new program

participants until they have

demonstrated their ability to participate

successfully in a program. This

commenter expressed the opinion that

this provision of the proposed rule is

discriminatory because the timing of the

receipt of the export bonus and the

performance security requirements work

to the competitive disadvantage of

novice exporters and the advantage of

experienced exporters.

Four commenters disagreed with the

proposal to delete the export experience

requirement. These commenters were

concerned that removal of this

requirement would, in some way,

threaten the integrity of the EEP and

DEIP and the image of the United States

as a reliable export supplier. One

commenter felt that the qualification

requirements in the current DEIP

regulations are not onerous and can be

readily satisfied by parties who are

seriously interested in developing

export business. One commenter

expressed the opinion that the deletion

of the experience requirement could

encourage export transactions by parties

that lack the experience and financial

standing to successfully execute such

transactions. One commenter felt that

removal of the experience requirement

would open the programs to potential

fraud. This commenter advocated that

even more controls be placed on

program participation.

Another respondent felt that, if the

experience requirement is deleted, the

market would be plagued with

companies and brokers that are

inexperienced and perhaps less than

honest. Program particiaption by

inexperienced companies would, in the

long run, cause small domestic

producers to shy away from the

international market, because of bad

experiences, and foreign buyers to buy

solely from large companies. However,

this commenter did express support for

the change in the proposed rule such

that an exporter would simply qualify

one time to be eligible for a program and

could thereafter export any eligible

commodity under that program.

CCC did not receive comments on any

of the other proposed changes to 7 CFR

part 1494.

Discussion

After considering all of the significant

comments, CCC has determined to make

the changes to 7 CFR 1494.201 and

1494.301 as proposed. CCC agrees with

those commenters that expressed the

view that the deletion of the export

experience requirement will permit

additional companies to participate in

the EEP and DEIP and increase

competition for export business.

CCC does not agree with those

commenters that felt that the additional

exporters that will participate in the

EEP and DEIP as a result of this change

will present an increased threat to the

programs as a result of abuse or fraud.

CCC will continue to require

performance security from exporters

and take aggressive action in the face of

any apparent program violations. In

addition, CCC does not agree with the

commenters’ views that allowing

inexperienced exporters to participate

in the programs will adversely affect

other small exporters’ participation or

domestic suppliers’ relationships with

exporters, because domestic suppliers

can take steps to evaluate individual

exporters and to protect themselves

from nonperformance and other

potential exporter problems.

The proposed timing of the bonus

payments to new program participants

will provide a means of allowing

exporters to gain experience within the

program, yet protect CCC from paying a

bonus until the product arrives in the

eligible country. CCC’s intention, in

adopting this bonus mechanism, is to

address the types of concerns about

potential program abuse raised by some

commenters. Furthermore, while the

timing of the bonus payment is different

for qualified exporters and those

without proven program participation,

the amount of performance security

required and the timing of the release of

the performance security for both

categories of exporters will be the same.

Therefore, CCC has designed a

mechanism which will impose the

minimal additional burden on new
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21039

program participants necessary to

protect CCC’s interests.

List of Subjects in 7 CFR Part 1494

Administrative practice and

procedure, Agricultural commodities,

Exports, Government contracts,

Reporting and recordkeeping

requirements.

Accordingly, 7 CFR part 1494 is

amended to read as follows:

PART 1494—EXPORT BONUS

PROGRAMS

Subpart B—Export Enhancement Program

Operations

1. The authority citation for 7 CFR

part 1494, subpart B, continues to read

as follows:

Authority: 7 U.S.C. 5602, 5651, 5661, 5662,

5676; 15 U.S.C. 714c.

2. Paragraph (q) of § 1494.201 is

revised to read as follows:

§ 1494.201 Definitions of terms.

* * * * *

(q) Eligible exporter. A person that has

been notified by CCC that such person

is qualified to submit offers in response

to Invitations.

* * * * *

3. Section 1494.301 is amended by

revising the section introductory text

and the paragraph (a) introductory text;

by removing paragraph (a)(1) and

redesignating paragraphs (a)(2) through

(a)(6) as paragraphs (a)(1) through (a)(5),

respectively; by adding a new paragraph

(a)(6); by removing paragraph (b) and

redesignating paragraphs (c) through (g)

as paragraphs (b) through (f),

respectively; by revising newly

designated paragraphs (b), (d), (e) and

(f); and by adding a new paragraph (g)

to read as follows:

§ 1494.301 Information required for

program participation.

Before CCC will consider an offer

from an interested person, such person

must qualify for participation in the

program. Based upon information

submitted by the interested person and

available from public sources, CCC will

determine whether the interested person

is eligible for participation in the

program.

(a) Submission of documentation. An

interested person that wishes to qualify

as an eligible exporter must furnish the

following information or documentation

to CCC at the address referenced in the

Notice to Exporters--EEP Contacts:

* * * * *

(6) The following certification: ‘‘I

certify, to the best of my knowledge and

belief, that neither [name of interested

person] nor any of its principals has

been debarred, suspended, or proposed

for debarment from contracting with or

participating in programs administered

by any U.S. Government agency.

[‘‘Principals,’’ for the purpose of this

certification, means officers; directors;

owners of five percent or more of stock;

partners; and persons having primary

management or supervisory

responsibility within a business entity

(e.g., general manager, plant manager,

head of a subsidiary division or

business segment, and similar

positions).] I further agree that, should

any such debarment, suspension, or

notice of proposed debarment occur in

the future, [name of interested person]

will immediately notify CCC.’’

(b) Necessity to qualify. An interested

person may not submit an offer, and

CCC will not consider any such offer,

until CCC has notified the interested

person that such person has qualified as

an eligible exporter.

* * * * *

(d) Previous performance. CCC may

request additional information with

respect to the interested person’s

performance under any U.S.

Government programs or in connection

with any contracts or agreements with

the U.S. Government during the past

three years.

(e) Ineligibility for program

participation. A person may be

ineligible to participate in the EEP if

such person:

(1) Is currently debarred, suspended

or proposed for debarment from

contracting with or participating in any

program administered by a U.S.

Government agency; or

(2) Is controlled or can be controlled,

in whole or in part, by any individuals

or entities currently debarred,

suspended or proposed for debarment

from contracting with or participating in

programs administered by a U.S.

Government agency.

(f) Duty to update information

provided to CCC. An eligible exporter is

under a continuing obligation to inform

CCC of any changes in the information

or documentation submitted to CCC

pursuant to paragraph (a) of this section

and to provide current and accurate

information to CCC.

(g) Payment of bonus to exporters

without proven EEP participation. An

eligible exporter that has not yet

demonstrated its ability to participate

successfully in the EEP will be eligible

to receive a bonus payment(s) only after

the eligible commodity specified in an

EEP Agreement has entered into the

eligible country. Such an exporter must

furnish performance security under

‘‘Option B’’ of the applicable Invitation

and follow the procedure specified in

§ 1494.701(d) to request the payment of

the bonus. An eligible exporter may

demonstrate its ability to participate

successfully in the EEP by entering or

causing to be entered into the eligible

country at least 95% of the quantity of

the eligible commodity specified in any

one EEP Agreement. CCC will consider

that an exporter has proven its ability to

participate successfully in the EEP as of

the date on which CCC pays to the

exporter a bonus for entry of a quantity

that brings the total entered quantity for

any one EEP Agreement to at least 95%.

For all EEP Agreements that such

exporter enters into with CCC

subsequent to that date, the exporter

may furnish performance security under

‘‘Option A’’ of the applicable Invitation

and will be eligible to receive bonus

payments in accordance with

§ 1494.701(c).

Signed this 25th day of April, 1995 at

Washington, DC.

Christopher E. Goldthwait,

General Sales Manager and Vice President,

Commodity Credit Corporation.

[FR Doc. 95–10600 Filed 4–28–95; 8:45am]

BILLING CODE 3410–10–F

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245a

[INS No. 1321–91; AG Order No. 1964–95]

RIN 1115–AC18

Procedure for Automatic Termination

of Temporary Resident Status Upon

Final Order of Deportation or

Exclusion

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This final rule amends

existing regulations by providing, in

specified circumstances, for the

automatic termination of temporary

resident status under provisions of the

Immigration and Nationality Act, as

amended (Act), upon the entry of a final

order of deportation or exclusion. This

amendment is necessary to avoid

possible delays in, or termination of,

pending deportation and exclusion

proceedings that would result if the

Immigration and Naturalization Service

(INS) were required to follow existing

procedures for the termination of

temporary resident status. This

amendment permits the expeditious

deportation and removal of aliens who

hold temporary resident status and have

been convicted of an aggravated felony