27912 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

(2) in the case of a participant who

has not previously invested any portion

of his or her TSP account in the C Fund

or the F Fund and for whom a properly

completed Form TSP–32 has not been

received by the TSP recordkeeper, the

acknowledgment of risk section of the

Form TSP–30 is not signed; or

(3) the participant is not otherwise

eligible to make an interfund transfer

(e.g., because he or she is scheduled for

a withdrawal of the entire account

balance).

(f) If a Form TSP–30 is rejected, the

form will have no effect. The participant

will be provided with a brief written

statement of the reason the form was

rejected.

5. Section 1601.6 is revised to read as

follows:

§ 1601.6 Timing and effective dates of

interfund transfers.

(a) Annual Limit. A participant may

have twelve interfund transfers made

effective during any calendar year, one

in each calendar month.

(b) Effective dates. Interfund transfer

requests received by the TSP

recordkeeper (whether by Form TSP–30

or on the ThriftLine) on or before the

15th day of a month (or, if the 15th day

is not a business day, by the next

business day) shall be effective as of the

end of the month during which the

interfund transfer request was received.

Interfund transfer requests received by

the TSP recordkeeper after the 15th day

of a month (or, if applicable, by the next

business day) will be effective as of the

end of the month following the month

during which the interfund transfer

request was received. Account balances

that are reallocated among the

investment funds effective as of the end

of any month will reflect the effects of

all other account activity posted to the

account effective during or as of the end

of that month.

(c) Multiple interfund transfer

requests.

(1) If two or more properly completed

interfund transfer requests with

different dates (as determined by

paragraph (c)(3) of this section) are

received for the same participant after

the 15th day of one month (or, if

applicable, after the next business day),

but on or before the 15th day of the next

month (or, if applicable, the next

business day), the interfund transfer

request with the latest date (as

determined by paragraph (c)(3) of this

section) will be made effective and the

earlier interfund transfer request(s) will

be superseded.

(2) If two or more properly completed

interfund transfer requests with the

same dates are received for the same

participant after the 15th day of one

month (or, if applicable, after the next

business day), but on or before the 15th

day of the next month (or, if applicable,

the next business day), the following

rules shall apply:

(i) If one or more of the interfund

transfer requests was submitted using

the ThriftLine and one or more was

made on Form TSP–30, the request(s)

made on the ThriftLine will supersede

the request(s) made on Form TSP–30;

(ii) If more than one of the interfund

transfer requests were made on the

ThriftLine, the request entered at the

latest time of day will supersede the

earlier request(s); and

(iii) If more than one of the interfund

transfer requests were submitted using

Form TSP–30, all such forms will be

rejected, unless they all contain

identical percentage allocations among

the TSP investment funds, in which

case one will be accepted.

(3) For purposes of determining the

date of an interfund transfer request:

(i) The date of an interfund transfer

request made on the ThriftLine is the

date of its telephone entry;

(ii) The date of an interfund transfer

request made on Form TSP–30 is the

signature date set forth on the form by

the participant; and

(iii) Central time will be used for

determining the date on which a

transaction is entered on the ThriftLine.

(d) Cancellation of interfund transfer

requests. Interfund transfer requests

may be canceled either in writing or by

entering the cancellation on the

ThriftLine.

(1) Cancellation by letter. A

participant may cancel an interfund

transfer request by submitting a letter to

the TSP recordkeeper requesting

cancellation. To be accepted, the

cancellation letter must be signed and

dated and must contain the participant’s

name, Social Security number, and date

of birth. To be effective, the cancellation

letter must be received on or before the

15th day of the month as of the end of

which the interfund transfer is to be

effective (or, if applicable, by the next

business day). Unless the letter states

unambiguously the specific interfund

transfer request it seeks to cancel, the

written cancellation will apply to any

interfund transfer request with a date (as

determined under paragraph (c)(3) of

this section) before the date of the

cancellation letter. If the date of a

cancellation letter is the same as the

date of an interfund transfer request and

the request was made on Form TSP–30,

the Form TSP–30 will be canceled; if

the request was made on the ThriftLine

it will only be canceled if the written

cancellation specifies the date of the

ThriftLine request to be canceled.

(2) Cancellation on the ThriftLine.

(i) An interfund transfer request may

also be canceled by entering the

cancellation on the ThriftLine on or

before the 15th day of the month (or, if

applicable, the next business day) as of

the end of which the interfund transfer

is to be effective. A cancellation entered

on the ThriftLine will apply to a

pending interfund transfer request

entered on the ThriftLine before the

entry of the cancellation. A cancellation

entered on the ThriftLine can only

apply to interfund transfer requests

submitted on Forms TSP–30 that were:

(A) Dated on or before the date of the

cancellation; and

(B) Received and entered into the TSP

recordkeeping system before the

cancellation is attempted on the

ThriftLine.

(ii) The Board cannot guarantee that

the TSP recordkeeper will enter Forms

TSP–30 into the TSP recordkeeping

system before the 15th day of the

month, regardless of the date the Form

TSP–30 may have been received. Thus,

participants cannot rely on the

ThriftLine to cancel an interfund

transfer request that was submitted on

Form TSP–30, and participants are

discouraged from attempting to do so.

The Board is not responsible for any

consequences of a participant’s inability

to cancel on the ThriftLine an interfund

transfer request submitted on Form

TSP–30.

[FR Doc. 95–12942 Filed 5–25–95; 8:45 am]

BILLING CODE 6760–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB–95–12]

Tobacco Inspection; Standards

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: The Department is proposing

to revise the regulations for flue-cured

tobacco to add a special factor to

identify lots of tobacco that contain 25

percent of an adjacent stalk position.

This rule will encourage producers to

offer a more desirable product for

market by separating stalk positions.

DATES: Comments are due on or before

June 26, 1995.

ADDRESSES: Send comments to John P.

Duncan III, Director, Tobacco Division,
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27913

Agricultural Marketing Service (AMS),

United States Department of Agriculture

(USDA), Room 502 Annex Building,

P.O. Box 96456, Washington, D.C.

20090–6456. Comments will be

available for public inspection at this

location during regular business hours.

FOR FURTHER INFORMATION CONTACT: John

P. Duncan III, Director, Tobacco

Division, AMS, USDA, Room 502

Annex Building, P.O. Box 96456,

Washington, D.C. 20090–6456.

Telephone (202) 205–0567.

SUPPLEMENTARY INFORMATION: Notice is

hereby given that the Department

proposes to revise the Official Standard

Grades for Flue-Cured Tobacco, U.S.

Types 11–14 and Foreign Type 92

pursuant to the authority contained in

the Tobacco Inspection Act of 1935, as

amended (49 Stat. 731; 7 U.S.C. 511 et

seq.).

The proposed revision will add a

special factor (subgrade) to describe

mixing of adjacent stalk positions. Stalk

positions or groups as defined in the

current standards are a division of a

type covering closely related grades

based on certain characteristics such as

shape, body, or the general quality of

tobacco. The traditional practice of

sorting tobacco in the flue-cured

marketing area has changed

dramatically during the past decade.

Producers are combining adjacent stalk

positions which makes grading more

difficult and has made U.S. tobacco less

desirable for certain customers in the

world market. This new special factor

would identify any lot of tobacco which

contains 25 percent of an adjacent stalk

position.

The Flue-Cured Tobacco Cooperative

Stabilization Corporation, composed of

all flue-cured producers, recommended

the adoption of a new mixed grade

definition in a letter to the Department

dated April 18, 1995. Also, an Advisory

Committee, appointed by Congress to

study the government tobacco program

in 1995, included a similar

recommendation in their final report

dated April 27, 1995. The committee

was composed of 31 members

representing tobacco producers, dealers

and manufacturers.

This rule has been determined not

significant for the purposes of Executive

Order 12866, and therefore has not been

reviewed by the Office of Management

and Budget.

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

proposed rule will not preempt any

State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

There are no administrative procedures

which must be exhausted prior to any

judicial challenge to the provisions of

this rule.

Additionally, in conformance with

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), full

consideration has been given to the

potential economic impact upon small

business. All tobacco warehouses and

producers fall within the confines of

‘‘small business’’ which are defined by

the Small Business Administration (13

CFR 121.601) as those having annual

receipts of less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $3,500,000. The Administrator of

the Agricultural Marketing Service, has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

This proposed rule would not

substantially affect the normal

movement of the commodity in the

marketplace. Compliance with this

proposed rule would not impose

substantial direct economic cost,

recordkeeping, or personnel workload

changes of small entities, and would not

alter the market share or competitive

positions of small entities relative to the

large entities and would in no way

affect normal competition in the

marketplace.

All persons who desire to submit

written data, views, or arguments for

consideration in connection with this

proposal may file them with the

Director, Tobacco Division, AMS,

USDA, Room 502 Annex Building, P.O.

Box 96456, Washington, D.C., 20090–

6456, not later than (30 days after

publication).

List of Subjects in 7 CFR Part 29

Administrative practice and

procedure, Advisory committees,

Government publications, Imports,

Pesticides and pests, Reporting and

recordkeeping requirements, Tobacco.

For the reasons set forth in the

preamble, it is proposed that the

regulations at 7 CFR Part 29 be amended

as follows:

PART 29—TOBACCO INSPECTION

Subpart C—Standards

1. The authority citation for Part 29,

subpart C is revised to read as follows:

Authority: 7 U.S.C. 511b, 511m, and 511r.

2. Section 29.1059 is revised to read

as follows:

§ 29.1059 Special factor.

A symbol or term authorized to be

used with specified grades. Tobacco to

which a special factor is applied may

meet the general specifications but

which has a peculiar side or

characteristic which tends to modify the

grade. (See Rules 10, 21, 22, 26, 28, and

29.)

3. A new § 29.1135 is added to read

as follows:

§ 29.1135 Rule 29.

Any lot of tobacco containing 25

percent or more of an adjacent group,

which otherwise meets the

specifications of a grade shall be treated

as a special factor grade by placing the

special factor ‘‘M’’ preceding the

grademark.

4. In § 29.1181, the first sentence in

the paragraph immediately following

table ‘‘13 Grades of Nondescript’’, is

revised to read as follows:

§ 29.1181 Summary of standard grades.

* * * * *

Special factors ‘‘U’’ (unsound), ‘‘W’’

(doubtful-keeping order), ‘‘S’’ (strip),

and ‘‘M’’ (mixed) may be applied to all

grades. * * *

Dated: May 19, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–12813 Filed 5–25–95; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Part 130

[Docket No. 92–174–1]

RIN 0579–AA67

Import/Export User Fees

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

existing user fees for certain import- and

export-related services we provide for

live animals and birds, animal products,

organisms and vectors, and germ plasm

and veterinary diagnostic services. We

are also proposing to establish user fees

for certain import- and export-related

services we provide for live animals and

birds, and animal products and

byproducts. We are also proposing to

make several miscellaneous changes,

such as amending the definitions of

certain words. These actions are

necessary to help ensure that we recover

our costs and to simplify and clarify the

application of user fees for the public.