9608 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations

(2) The participant was granted an

exception, under the procedures set

forth in § 1650.22, to the requirement to

obtain that spouse’s signature for a

withdrawal election made by the

participant within one year of the date

the form requesting the change is

processed by the TSP.

(b) The spouse of a married

participant covered by CSRS who has

made a withdrawal election and who

wants to change to another withdrawal

election must be notified again prior to

the withdrawal, unless the participant

was granted an exception, under the

procedures set forth in § 1650.21, to the

spouse notice requirement within one

year of the date the form requesting the

change is processed by the TSP.

§ 1650.21 Executive Director’s exception

to requirement to notify the spouse.

(a) Wherever in the regulations in this

subpart it is required that the Executive

Director give notice of an action to the

spouse of a participant, an exception to

this requirement may be granted in

cases in which the participant

establishes to the satisfaction of the

Executive Director that the spouse’s

whereabouts cannot be determined. A

request for an exception based on

whereabouts unknown must be

submitted to the Executive Director on

Form TSP–16, Exception to Spousal

Requirements, accompanied by one of

the following:

(1) A judicial determination (court

order) which states that the spouse’s

whereabouts cannot be determined;

(2) A police or Governmental agency

determination that is signed by the

appropriate department or division head

which states that the spouse’s

whereabouts cannot be determined; or

(3) Statements by the participant and

two other persons.

(i) Each statement must be signed and

dated and must state the following:

I understand that a false statement or

willful misrepresentation is punishable

under Federal Law (18 U.S.C. 1001) by a fine

or imprisonment or both.

(ii) The participant’s statement must

give the full name of his or her spouse,

declare the inability to locate the

spouse, and state the efforts made to

locate the spouse. Negative statements

such as ‘‘I have not seen or heard from

him/her’’ or ‘‘I have had no contact with

him/her’’ are not sufficient. Examples of

attempting to locate the spouse include

checking with relatives and mutual

friends or using telephone directories or

directory assistance for the city of last

known address.

(iii) The statements from two other

persons must support the participant’s

statement that the participant does not

know the whereabouts of his or her

spouse.

(b) A withdrawal election received

within one year of an approved

exception may be processed so long as

the spouse named on the form is the

spouse for whom the exception has been

approved.

(c) The requirements for establishing

an exception for a withdrawal and the

one-year period of validity of an

approved exception apply to exceptions

for loans under 5 CFR 1655.18.

§ 1650.22 Executive Director’s exception

to the requirement to obtain the spouse’s

signature.

(a) In this subpart, if the spouse’s

signature is required, the Executive

Director may grant an exception to this

requirement if the participant can show

that:

(1) The spouse’s whereabouts cannot

be determined in accordance with the

provisions of § 1650.21; or

(2) Due to exceptional circumstances,

requiring the spouse’s signature would

otherwise be inappropriate.

(i) An exception to the spousal

signature requirement may be granted

based on exceptional circumstances

only when the participant presents a

judicial determination (court order) or a

governmental agency determination

signed by the appropriate department or

division head. A court order or a

determination must contain a finding or

a recitation of such exceptional

circumstances regarding the spouse as

would warrant an exception to the

signature requirement.

(ii) Exceptional circumstances is

narrowly construed and includes such

circumstances as when a court order:

(A) Indicates that the spouse and the

participant have been maintaining

separate residences with no financial

relationship for three or more years;

(B) Indicates that the spouse

abandoned the participant, but for

religious or similarly compelling

reasons, the parties chose not to divorce;

or

(C) Expressly states that the

participant may obtain a loan from his

or her Thrift Savings Plan account or

withdraw his or her Thrift Savings Plan

account balance notwithstanding the

absence of the spouse’s signature.

(b) A withdrawal election received

within one year of an approved

exception may be processed so long as

the spouse named on the form is the

spouse for whom the exception has been

approved.

(c) The requirements for establishing

an exception for a withdrawal and the

one-year period of validity of an

approved exception apply to exceptions

for loans under 5 CFR 1655.18.

[FR Doc. 95–4062 Filed 2–17–95; 8:45 am]

BILLING CODE 6760–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR PART 1240

[AMS–FV–93–704CF]

RIN 0581–AB23

Honey Research, Promotion, and

Consumer Information Order and

Rules and Regulations Issued

Thereunder; Termination of Order

Provision and Conforming Correction

of the Rules and Regulations

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule finalizes an interim

final rule which terminated a provision

of the Honey Research, Promotion, and

Consumer Information Order (Order)

and deleted conflicting and confusing

language in the Rules and Regulations

issued under the Order. This action is

being taken to clarify and correct the

Order and rules and regulations which

were amended in August 1991.

EFFECTIVE DATE: March 23, 1995.

FOR FURTHER INFORMATION CONTACT:

Sonia N. Jimenez, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

Room 2535–So., Washington, DC

20090–6456; telephone (202) 720–9915.

SUPPLEMENTARY INFORMATION: These

amendments are issued pursuant to the

Honey Research, Promotion, and

Consumer Information Act, as amended

on November 28, 1990 [104 Stat. 3904,

7 U.S.C. 4601 et seq.], hereinafter

referred to as the Act.

The Department is issuing this final

rule in conformance with Executive

Order 12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice reform. It is not intended to have

retroactive effect. This rule will not

preempt any state or local laws,

regulation, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 10 of the Act, a person subject

to an order may file a petition with the

Secretary stating that such order, any

provision of such order, or any
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9609

obligation imposed in connection with

such order is not in accordance with

law; and requesting a modification of

the order or an exemption from the

order. Such person is afforded the

opportunity for a hearing on the

petition. After the hearing, the Secretary

would rule in the petition. The Act

provides that the district court of the

United States in any district in which

such person is an inhabitant, or has a

principal place of business, has

jurisdiction to review the Secretary’s

ruling on the petition, provided that a

compliant is filed within 20 days after

the date of entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

action on small entities.

There are an estimated 145 handlers,

510 producer-packers, 8,300 producers,

and 350 importers who are currently

subject to the provisions of the Order.

The majority of these persons may be

classified as small agricultural

producers and small agricultural service

firms. Small agricultural producers 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, which include importers, are

defined as those having annual receipts

of less than $5,000,000.

In accordance with the Paperwork

Reduction Act (PRA) of 1980 [44 U.S.C.

chapter 35], and OMB regulations [5

CFR Part 1320], the information

collection and recordkeeping

requirements contained in this action

were submitted to the OMB and

approved under OMB control numbers

0581–0093 and 0505–0001.

On November 28, 1990, the Act was

amended by the Food, Agriculture,

Conservation and Trade Act of 1990.

One of the amendments to the Act

redefined the requirements for honey

that is exempted from assessments

under the Act.

Prior to the Act’s 1990 amendment, a

producer or a producer-packer who

produced or handled or produced and

handled less than 6,000 pounds of

honey per year or an importer who

imported less than 6,000 pounds of

honey per year were exempt from

assessment. Such producers, producerhandlers, and importers applied to the

Honey Board for a certificate of

exemption which would be presented to

the handler of the exemptee’s honey.

Reporting requirements for handlers

included listing those producers

claiming exemption.

Under the 1990 amendment to the

Act, however, producers, producerpackers, and importers who produce or

import during any year less than 6,000

pounds of honey are exempt from

paying assessments only if that honey is

(1) Consumed at home, (2) donated by

the producer or importer to a nonprofit,

government, or other entity that is

determined appropriate by the

Secretary, or (3) distributed directly

through local retail outlets (e.g., farmers

markets and roadside stands).

Since exempted honey may no longer

be sold through handlers, handlers are

no longer required to provide

information to the Board on exempted

honey. However, in the amendment to

the Order and rules and regulations

published as a final rule in the August

7, 1991, Federal Register [50 FR 37453],

conforming changes to sections 1240.50

and 1240.114 which incorporated these

changes to the Act were inadvertently

not made. As published, these sections

may be confusing and are in conflict

with the amended Order and rules and

regulations.

Section 13 of the Act provides that

whenever the Secretary finds that any

provision of any order issued under the

Act obstructs or does not tend to

effectuate the declared purpose of the

Act, the Secretary shall terminate such

provisions. Therefore, an interim final

rule deleted obsolete and confusing

language from paragraph (a) of section

1240.50 of the Order and from

paragraph (b) of section 1240.114 of the

regulations issued under the Order.

The interim final rule with request for

comments was published in the Federal

Register on May 2, 1994 (59 FR 22492).

The interim final rule erroneously stated

that comment were due on May 2, 1994.

Therefore, the Federal Register printed

a correction on May 10, 1994 (59 FR

24217) which stated that the comment

period ended on June 1, 1994. No

comments were received.

Based on the above, the Administrator

of the AMS has determined that the

issuance of this final rule will not have

a significant economic effect on a

substantial number of small entities.

After consideration of all relevant

material presented with regard to the

termination of provisions in the Order

and the rules and regulations as

hereinafter set forth, it is found that

these provisions no longer effectuate the

declared policy of the Act. Accordingly,

the interim final rule is finalized,

without change, as published in the

Federal Register (59 FR 22492, May 2,

1994).

List of Subjects in 7 CFR Part 1240

Advertising, Agricultural research,

Honey, Imports, Reporting and

recordkeeping requirements.

PART 1240—HONEY RESEARCH,

PROMOTION, AND CONSUMER

INFORMATION

Accordingly, the interim final rule

amending 7 CFR part 1240, which was

published at 59 FR 22492 on May 2,

1994, is adopted as a final rule without

change.

Dated: February 13, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Inspection Services.

[FR Doc. 95–4175 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Part 91

[Docket No. 93–122–2]

Animal Export Inspection Facilities

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

‘‘Inspection and Handling of Livestock

for Exportation’’ regulations by

establishing additional standards for

export inspection facilities. This action

requires that all export inspection

facilities have running water and water

drainage systems and a telephone. This

action also requires facilities where

horses are inspected to have walkways

in front of stalls and 12 foot high

ceilings in areas where horses are

inspected.

We are also requiring that animals

intended for export be inspected within

24 hours of embarkation and making a

minor language change to the

regulations for the sake of clarity.

EFFECTIVE DATE: March 23, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Najam Faizi, Senior Staff Veterinarian,

Animal and Plant Health Inspection

Service, Veterinary Services, ImportExport Animals Staff, 4700 River Road

Unit 39, Riverdale, MD 20737–1231.

Telephone: (301) 734–8383.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 91,

‘‘Inspection and Handling of Livestock

for Exportation’’ (referred to below as

the regulations), prescribe conditions for

exporting animals from the United