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

65235

Vol. 60, No. 243

Tuesday, December 19, 1995

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Part 800

Official/Unofficial Weighing Service

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Final rule.

SUMMARY: The Grain Inspection, Packers

and Stockyards Administration (GIPSA)

is amending portions of Part 800,

General Regulations under the United

States Grain Standards Act, as amended

(USGSA). The action is being taken to

reinstate the regulations contained in 7

CFR Part 800 prior to the effective date

of the direct final rule that was

published in the Federal Register on

August 2, 1995 (60 FR 39242). The

action is necessary because we received

adverse comments on the direct final

rule, and we were unable to withdraw

it before the effective date. We will

follow this action with a proposed rule

to provide adequate opportunity to

comment on proposed changes

contained in the direct final rule.

DATES: December 19, 1995.

FOR FURTHER INFORMATION CONTACT:

George Wollam, USDA–GIPSA, Room

0623–South Building, 1400

Independence Avenue, S.W.,

Washington, D.C. 20090–6454,

telephone (202) 720–0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

not-significant for the purpose of

Executive Order 12866 and therefore

has not been reviewed by OMB.

Executive Order 12778

This amended rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have a retroactive effect.

The United States Grain Standards Act

provides in section 87g that no State or

subdivision may require or impose any

requirements or restriction concerning

the inspection, weighing, or description

of grain under the Act. Otherwise, this

rule will not preempt any State or local

laws, regulations, or policies unless they

present 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.

Regulatory Flexibility Act Certification

James R. Baker, Administrator,

GIPSA, has determined that this rule

will not have a significant economic

impact on a substantial number of small

entities. Most users of the official

inspection and weighing services and

those persons that perform those

services do not meet the requirements

for small entities as defined in the

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

et seq.). Further, the standards are

applied equally to all entities.

Information Collection and

Recordkeeping Requirements

In compliance with the Paperwork

Reduction Act of 1980 (44 U.S.C.

chapter 35), the information collection

and Recordkeeping requirements in Part

800 have been approved previously by

OMB and assigned OMB No. 0580–

0013.

Background

The direct final rule published August

2, 1995, (60 FR 39242) notified the

public of amendments to those

regulations that prohibit official

agencies to provide official weighing

service when they provide similar

unofficial service. GIPSA had planned

to allow agencies to do both official and

unofficial weighing within their

assigned areas. Two written adverse

comments in response to the direct final

rule were received. The direct final rule

was inadvertently not withdrawn prior

to its effective date. The rule became

effective on October 2, 1995. This final

rule amends the regulations by

reinstating the regulations that were in

effect prior to the effective date of the

direct final rule. The agency now plans

to publish a proposed rule for public

comment before taking further action to

change the regulations.

Pursuant to 5 U.S.C. 553, it also found

and determined that, upon good cause,

it is impracticable, unnecessary and

contrary to the public interest to give

preliminary notice or to engage in

further public procedure prior to

implementing this action and that good

cause exist for not postponing the

effective date of this action until 30 days

after publication in the Federal Register

because: (1) This action reinstates the

regulations prior to effective date of the

direct final rule the was inadvertently

not withdrawn; and (2) a proposed rule

will be published before any further

changes to the regulations are made and

the public will be afforded the

opportunity to comment.

Final Action

List of Subjects in 7 CFR Part 800

Administrative practice and

procedure, Conflict of interests,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

For reasons set forth in the preamble,

7 CFR Part 800 is amended as follows:

PART 800—GENERAL REGULATIONS

1. The authority citation for Part 800

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71 et seq.)

2. Section 800.76(a) is revised as

follows:

§ 800.76 Prohibited services; restricted

services.

(a) Prohibited services. No agency

shall perform any function or provide

any service on the basis of unofficial

standards, procedures, factors, or

criteria if the agency is designated or

authorized to perform the service or

provide the service on an official basis

under the Act.

* * * * *

3. Section 800.186(c)(3) introductory

text is revised to read as follows:

§ 800.186 Standards of conduct.

* * * * *

(c) * * *

(3) Engage in any outside (unofficial)

work or activity that:

* * * * *

4. Section 800.195(f)(5)(ii) is revised

to read as follows:

§ 800.195 Delegations.

* * * * *
65236 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations

1See 56 FR 66345 (December 23, 1991).

2See 55 FR 23902 (June 13, 1990). Among other

things, this arrangement provides a mechanism

pursuant to which certain option products traded

on the Marche a Terme International de France

(MATIF) may be offered or sold to customers

resident in the United States thirty days after

publication in the Federal Register of a notice

specifying the particular option contracts to be

offered or sold.

3Commission rule 30.3(a), 17 CFR 30.3(a), makes

it unlawful for any person to engage in the offer or

sale of a foreign option product until the

Commission, by order, authorizes such foreign

option to be offered or sold in the United States.

4See letter dated October 24, 1995 from Catherine

Langlais, MATIF, to Jane C. Kang, Esq., Division of

Trading and Markets. See also letter dated

November 6, 1995 from Frederic Perier,

Commission des Operations de Bourse, to Andrea

M. Corcoran, Director, Division of Trading and

Markets.

(f) * * *

(5) * * *

(ii) Unofficial activities. The delegated

State or personnel employed by the

State shall not perform any unofficial

service that is the same as any of the

official services covered by the

delegation.

5. Section 800.196(g)(6)(ii) is revised

to read as follows:

§ 800.196 Delegations

* * * * *

(g) * * *

(6) * * *

(ii) Unofficial activities. The agency or

personnel employed by the agency shall

not perform any unofficial service that

is the same as the official services

covered by the designation.

* * * * *

Dated: December 8, 1995.

James R. Baker,

Administrator.

[FR Doc. 95–30593 Filed 12–18–95; 8:45 am]

BILLING CODE 3410–EN–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 30

Foreign Option Transactions

AGENCY: Commodity Futures Trading

Commission.

ACTION: Order.

SUMMARY: The Commodity Futures

Trading Commission (Commission) is

issuing this Order pursuant to which

Option Contracts on a spot foreign

exchange operation between the

Deutsche Mark and the French Franc

(DEM/FRF) traded on the Marche a

Terme International de France (MATIF)

may be offered or sold to persons

located in the United States. This Order

makes it unlawful for any person to

engage in the offer or sale of a foreign

option product until the Commission,

by order, authorizes such foreign option

to be offered or sold in the United States

and the procedures established by the

Mutual Recognition Memorandum of

Understanding (MRMOU) with the

French Commission des Operations de

Bourse.

EFFECTIVE DATE: January 18, 1996.

FOR FURTHER INFORMATION CONTACT:

Warren R. Gorlick, Esq., Division of

Trading and Markets, Commodity

Futures Trading Commission, Three

Lafayette Centre, 1155 21st Street N.W.,

Washington, D.C. 20581. Telephone:

(202) 418–5435.

SUPPLEMENTARY INFORMATION: The

Commission has issued the following

Order:

United States of America Before the

Commodity Futures Trading

Commission

Order Pursuant to the Mutual Recognition

Memorandum of Understanding with the

French Commission des Operations de

Bourse and Rule 30.3(a) Permitting Option

Contracts on the DEM/FRF Traded on the

Marche a Terme International de France

(MATIF) to Be Offered or Sold to Persons

Located in the United States Thirty Days

After Publication of This Notice in the

Federal Register Absent Further Notice

By Order issued on December 17,

1991 (Initial Order) 1, the Commission

authorized, pursuant to the Mutual

Recognition Memorandum of

Understanding (MRMOU) 2 and

Commission rule 30.3(a),3 certain option

products traded on the MATIF to be

offered or sold in the United States.

By letter dated October 24, 1995,

MATIF notified the Commission that on

October 23, 1995 it would be

introducing Option Contracts based on

the DEM/FRF and requested that the

Commission supplement its Initial

Order authorizing the offer and sale in

the United States of Options on the

Notional Bond, the 3-month PIBOR, the

3-month EURODEM Futures Contracts;

a Supplemental Order, 57 FR 10987

(April 1, 1992), authorizing the offer and

sale in the United States of Options on

the Long-Term ECU Bond Futures

Contracts; a Supplemental Order, 59 FR

22971 (May 4, 1994), authorizing the

offer and sale in the United States of

Options on the USD/DEM and USD/

FRF; and a Supplemental Order, 60 FR

34458 (July 3, 1995), authorizing the

offer and sale in the United States of

Options on the GBP/DEM and the DEM/

ITL by also authorizing the MATIF’s

Option Contracts on the DEM/FRF to be

offered or sold to persons located in the

United States.4 Based upon the

foregoing, and pursuant to the terms of

the MRMOU, the Commission hereby

publishes this Order in the Federal

Register pursuant to which the

particular Option Contracts specified

herein may be offered or sold thirty days

after the publication of this Order.

Accordingly, pursuant to Commission

rule 30.3(a), 17 CFR 30.3(a), and Article

II, paragraph 6(b) and Article V,

paragraph 6 of the MRMOU signed by

the Commission on June 6, 1990 (55 FR

23902 (June 13, 1990)), and subject to

the terms and conditions specified in

the MRMOU, the Commission hereby

issues this Order pursuant to which

Option Contracts based on the DEM/

FRF traded on the MATIF may be

offered or sold to persons located in the

United States thirty days after

publication of this Order in the Federal

Register, unless prior to that date the

Commission receives any comments

which may result in a determination to

delay the effective date of the Order

pending review of such comments.

Under such circumstances the

Commission will provide notice.

Contract Specifications

DEM/FRF Option

Type

European style

Underlying Interest

Spot currency transaction DEM against

FRF

Contract Size

DEM 100,000

Strike Price

Expressed in FRF, with 2 decimals.

Strike price intervals: 1 Centime (3.40–

3.41)

Quotation

Premium in % of the DEM nominal,

with 2 decimals.

Ex: 0.45% stands for 100,000 × 0.45/100

= DEM 450.

In specific cases, premium with 3

decimals.

Tick

Size: 0.01%

Value: 0.01/100 × 100,000 = DEM 10

Expiration

3 monthly + 3 quarterly expirations

from March (H), June (M),

September (U), December (Z)

Last Trading Day

Thursday following the 3rd Wednesday

of expiration month at 9:00 am

(New York time)