27870 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

7. The world use of peanuts for MY

1994 is expected to be 24.42 million

metric tons, up 1.3 percent from MY

1993. World peanut production for MY

1994 is forecast to be 24.47 million

metric tons, up 2 percent from MY 1993.

Ending stocks for MY 1994 are forecast

at 0.70 million metric tons, up 8 percent

from MY 1993.

C. Minimum CCC Export Edible Sales

Price for Additional Peanuts

The minimum price at which

additional peanuts owned or controlled

by CCC may be sold for use as edible

peanuts in export markets is a

discretionary action that, by practice, is

announced at the same time as quota

and additional peanut support levels to

facilitate the negotiation of additional

peanut contracts by producers and

handlers.

A proposed rule setting forth the MY

1995 minimum CCC export edible sales

price of $400 per st was published on

January 4, 1995 (60 FR 381). Six

comments were received in response to

the notice during the public comment

period that ended on January 17, 1995.

The six respondents addressing this

issue were five shellers or sheller/

processors and one peanut product

manufacturer. Five comments supported

a CCC export edible sales price of $400

per st or above; most of these felt that

the $400 minimum had served the

industry well since 1986. One sheller

respondent felt that CCC should

discontinue the policy of announcing a

minimum export edible sales price and

make all additional peanuts available to

export markets at market determined

prices. The $400 price has been adopted

in this final rule for the reasons set out

in the January 4 notice.

List of Subjects in 7 CFR Part 1421

Grains, Loan programs-agriculture,

Oilseeds, Peanuts, Price support

programs, Reporting and recordkeeping

requirements, Soybeans, Surety bonds,

Warehouses.

Accordingly, 7 CFR part 1421 is

amended as follows:

PART 1421—GRAINS AND SIMILARLY

HANDLED COMMODITIES

1. The authority citation for 7 CFR

part 1421 continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1425,

1441z, 1444f–1, 1445b–3a, 1445c–3, 1445e,

and 1446f; 15 U.S.C. 714b and 714c.

2. Section 1421.7(b)(8)(iv) is revised

and paragraph (b)(8)(v) is added to read

as follows:

§ 1421.7 Adjustment of basic support

rates.

* * * * *

(b) * * *

(8) * * *

(iv) 1994 Peanuts, Quota—$678.36 per

short ton; Additional—$132.00 per short

ton;

(v) 1995 Peanuts, Quota—$678.36 per

short ton; Additional—$132.00 per short

ton;

* * * * *

3. Sections 1421.27(a)(2)(iv) is revised

and paragraph (a)(2)(v) is added to read

as follows:

§ 1421.27 Producer-handler purchases of

additional peanuts pledged as collateral for

a loan.

(a) * * *

(2) * * *

(iv) The 1994 minimum CCC sales

price for additional peanuts sold for

export edible use is $400 per short ton;

(v) The 1995 minimum CCC sales

price for additional peanuts sold for

export edible use is $400 per short ton.

* * * * *

Signed at Washington, DC, on May 21,

1995.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–13000 Filed 5–25–95; 8:45 am]

BILLING CODE 3410–05–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 116

Policies of General Application

AGENCY: Small Business Administration

(SBA).

ACTION: Interim final rule with request

for comments.

SUMMARY: On October 22, 1994, the

President signed Public Law 103–403,

The Small Business Administration

Reauthorization and Amendments Act

of 1994. Section 612 of that Act requires

SBA to promulgate regulations by April

22, 1995 which require certification by

any recipient of financial assistance

under the Small Business Act that such

recipient is not delinquent on a court

order or other formal agreement

requiring payment of child support.

This interim final rule, published in

accordance with Public Law 103–403,

implements this requirement.

DATES: This rule becomes effective May

26, 1995. Comments by June 26, 1995.

ADDRESSES: Comments should be sent to

John R. Cox, Associate Administrator for

Financial Assistance, Small Business

Administration, 409 Third Street, SW.,

Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

John R. Cox, (202) 205–6490.

SUPPLEMENTARY INFORMATION: Public

Law 103–403 required SBA, among

other things, to promulgate regulations

which require certification by any

recipient of Agency financial assistance

under the Small Business Act that the

recipient is not delinquent on a court

order or other formal agreement

requiring payment of child support. In

that regard, Section 612 of Pub. L. 103–

403, October 22, 1994, states:

(f) Certification of Compliance with Child

Support Obligations.—

(1) In General. For financial assistance

approved after the promulgation of final

regulations to implement this section, each

recipient of financial assistance under this

Act, including a recipient of a direct loan or

a loan guarantee, shall certify that the

recipient is not more than 60 days delinquent

under the terms of any—

(A) administrative order;

(B) court order; or

(C) repayment agreement entered into

between the recipient and the custodial

parent or State agency providing child

support enforcement services, that requires

the recipient to pay child support, as such is

defined in section 462(b) of the Social

Security Act.

(2) Enforcement. Not later than 6 months

after the date of enactment of this subsection,

the Administration shall promulgate such

regulations as may be necessary to enforce

compliance with the requirements of this

subsection.

[Emphasis added.]

The Conference Report language on

this section is useful in providing

guidance for implementing this

requirement. (See Report 103–824 to

accompany S. 2060.) It provides:

Sec. 612. Certification of compliance with

child support obligations.

Both bills contained provisions requiring

SBA borrowers to certify that they are not in

violation of any court order or agreement

requiring the payment of child support. The

conference report contains the same

provision with a clarification with court

orders, administrative orders, or agreements,

specifically 60 days or more in arrears.

While intending to strengthen federal

policy in support of family support

obligations, the conferees recognize that

economic circumstances may from time to

time cause a parent to be late in such

payments. It is not the intent of the conferees

to subject minor lapses to the criminal and

civil penalties contained in both the Small

Business Act and the False Statements Act

for false representations made to the agency

in the course of a loan application or other

application for assistance. Hence, the

conference agreement provides for a

certification that the applicant is not more

than 60 days late in making any child

support payment required by court order or

agreement. Loan applicants should be

advised of this provision at the outset of the
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27871

application process, but certification

pursuant to this section may be made as part

of the loan closing.

Thus, certification at the time of

application does not appear to be

required, although it may be used as a

means for ‘‘weeding out’’ delinquents.

In the alternative, certification at the

time of closing is consistent with the

intent of Congress, and these regulations

require such certification.

SBA has also determined that the

intent of the legislation is to require

individuals who are subject to

agreements requiring the payment of

child support to make the required

certifications. Many of the applicants for

SBA financial assistance are

corporations, partnerships and sole

proprietorships. For purposes of these

regulations, SBA will require any owner

or partner holding 50% or more of the

voting interests of an applicant (a

principal) to certify.

Finally, SBA takes the position that

the statute intends coverage only for its

business loan and disaster loan

program; i.e. financial assistance made

available under the Small Business Act.

Therefore, only applicants for assistance

under those programs will be required

to make the required certifications.

In practice, after the effective date of

these regulations, SBA or its

participating lender will notify the

principals of all applicants for

assistance under the business and

disaster loan programs at the time of

application that they must certify to

compliance with outstanding court

orders or agreements requiring the

payment of child support. The required

certification will be made a condition of

the loan authorization which if not

satisfied will be a ground for not closing

the loan.

Compliance With Executive Orders

12612, 12778, and 12866, the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., and the Paperwork Reduction

Act, 44 U.S.C. Ch. 35

For purposes of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., SBA

certifies that this final rule does not

have a significant economic impact on

a substantial number of small entities.

BAS certifies that this final rule does

not constitute a significant regulatory

action for the purposes of Executive

Order 12866, since the change is not

likely to result in an annual effect on the

economy of $100 million or more.

SBA certifies that this final rule does

not impose additional reporting or

recordkeeping requirements which

would be subject to the Paperwork

Reduction Act, 44 U.S.C. Chapter 35.

This final rule does not have

federalism implications warranting the

preparation of a Federalism Assessment

in accordance with Executive Order

12612.

For purposes of Executive Order

12778, SBA certifies that this final rule

is drafted, to the extent practicable, in

accordance with the standards set forth

in section 2 of that Order.

Because this final rule reflects a

reporting requirement imposed by Pub.

L. 103–403, and is required to be

effective by April 22, 1995, SBA is

publishing this final rule without

opportunity for prior public comment

pursuant to 5 U.S.C. 553(b)(A).

However, SBA solicits and will consider

any comments it receives with respect

to this final rule in making future

adjustments.

(Catalog of Federal Domestic Assistance

Program Nos. 59.001, 59.002, 59.008, 59.012,

59.021)

List of Subjects in 13 CFR Part 116

Small businesses.

Accordingly, pursuant to the

authority contained in section 5(b)(6) of

the Small Business Act, 15 U.S.C.

634(b)(6), SBA amends part 116, chapter

I, title 13, Code of Federal Regulations,

as follows:

1. Subpart F is added to read as

follows:

Subpart F—Compliance With Child Support

Obligations.

116.42 Policy.

116.43 Certification.

116.44 Recipient.

Authority: Sec. 612 of Pub. L. 103–403, 108

Stat. 4175.

Subpart F—Compliance With Child

Support Obligations

§ 116.42 Policy.

It is the policy of SBA that each

recipient of financial assistance under

the Small Business Act shall certify that

the recipient is not more than 60 days

delinquent under any administrative

order, court order, or repayment

agreement between the recipient and the

custodial parent or a State agency

providing child support enforcement

services that requires the recipient to

pay child support as that term is defined

in section 462(b) of the Social Security

Act.

§ 116.43 Certification.

The certification required to comply

with the statement of policy expressed

in § 116.41 shall be a condition of all

financial assistance granted under

sections 7 (a) and (b) of the Small

Business Act.

§ 116.44 Recipient.

For purposes of this subpart the term

recipient shall mean an owner of 50%

or more of the ownership interest of an

applicant for assistance under section 7

(a) or (b) of the Small Business Act.

Dated: April 26, 1995.

Cassandra M. Pulley,

Deputy Administrator.

[FR Doc. 95–12647 Filed 5–25–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–ANE–05; Amendment 39–

9243; AD 95–11–08]

Airworthiness Directives; Hartzell

Propeller Inc. Models HC–92WK–( )

and HC–92ZK–( ) Propellers

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

airworthiness directive (AD) 73–02–01,

applicable to Hartzell Propeller Inc.

Models HC–92WK–( ) and HC–92ZK–

( ) propellers, that currently requires

visual and penetrant inspections of the

propeller blade shank area for corrosion

at 1,000 hour time in service (TIS)

intervals and shotpeening after

inspection. This amendment requires a

one-time inspection of the blade clamp

screws, then a dye penetrant inspection,

compressive rolling of the blade shank,

and replacement of blade clamp screws,

all to be accomplished at intervals of

500 hours TIS. This amendment is

prompted by reports of two recent

propeller blade separations that

occurred at less than 1,000 hours TIS

since last inspection. The actions

specified by this AD are intended to

prevent propeller blade separation,

which could result in loss of control of

the aircraft.

DATES: Effective June 12, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 12,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

July 25, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.