13384 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules

§ 319.37–5 Special foreign inspection and

certification requirements.

* * * * *

(b) * * *

(2) Species of Prunus not immune to

plum pox virus (species other than P.

avium, P. cerasus, P. effusa, P.

laurocerasus, P. mahaleb, P. padus, P.

sargentii, P. serotina, P. serrula, P.

serrulata, P. subhirtella, P. yedoensis,

and P. virginiana) and grown in

Belgium, France, Germany, Great

Britain, or The Netherlands may be

certified only from the government

operated nurseries (research stations)

where the original parent stock is

indexed for the appropriate national

fruit tree certification program.

* * * * *

§§ 319.37–6, 319.37–7, 319.37–8, and

319.37–13 [Amended]

3. Footnotes 8 through 12 and their

references would be redesignated as

footnotes 7 through 11.

§ 319.37–14 [Amended]

4. In § 319.37–14, paragraph (b),

under the list of ports of entry in Texas,

the asterisk immediately preceding the

entry for Laredo would be removed.

Done in Washington, DC, this 7th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6098 Filed 3–10–95; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 1230

[No. LS–94–008]

Pork Promotion, Research, and

Consumer Information Program—

Change in Requirements for Annual

Financial Audits

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule and termination

order.

SUMMARY: This proposed document

would terminate the provision of the

Pork Promotion, Research, and

Consumer Information Order (Order)

containing requirements for submission

of annual financial reports to the

National Pork Board (Board) by

organizations that receive less than

$10,000 in annual distributed

assessments; and issue new

requirements in the regulations to

implement the Order provisions. The

new requirements would raise the

minimum annual revenue requiring a

certified public accountant audit from

$10,000 to $30,000. The proposed

change would facilitate the costeffective preparation and submission of

annual financial reports.

DATES: Comments must be received by

April 12, 1995.

ADDRESSES: Send two copies of

comments to Ralph L. Tapp, Chief,

Marketing Programs Branch, Livestock

and Seed Division, Agricultural

Marketing Service (AMS), USDA, Room

2624–S, P.O. Box 96456, Washington,

DC 20090–6456.

Comments will be available for public

inspection during regular business

hours at the above office in Room 2624,

South USDA Building, 14th and

Independence Avenue SW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and Regulatory

Flexibility Act

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This proposed action has been

reviewed under Executive Order 12778,

Civil Justice Reform. This proposal is

not intended to have a retroactive effect.

The Pork Promotion, Research, and

Consumer Information Act (Act) states

that the statute is intended to occupy

the field of promotion and consumer

education involving pork and pork

products and of obtaining funds thereof

from pork producers and that the

regulation of such activity (other than a

regulation or requirement relating to a

matter of public health or the provision

of State or local funds for such activity)

that is in addition to or different from

the Act may not be imposed by a State.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1625 of the Act, a person subject to an

Order may file a petition with the

Secretary stating that the Order, a

provision of the Order, or an obligation

imposed in connection with the Order

is not in accordance with law, and

requesting a modification of or an

exemption from the Order. Petitioners

have an opportunity for a hearing on the

petition. After the hearing, the Secretary

will rule on the petition. The Act

provides that the district court of the

United States in the district in which a

person resides or does business has

jurisdiction to review the Secretary’s

decision, if the petitioner files an appeal

not later than 20 days after the date the

petitioner receives notice of that

decision.

This action has also been reviewed

under the Regulatory Flexibility Act

(RFA) (5 U.S.C. 601 et seq.).

This proposed action would allow

State Pork Producer Associations

(SPPAs) that receive less than $30,000

in assessments annually to submit

unaudited annual financial statements

to the Board.

Most SPPAs would be classified as

small businesses under the RFA. Raising

the minimum dollar amount of

distributed annual assessments that

would trigger the requirement that a

SPPA must submit an audited annual

financial statement from $10,000 to

$30,000, would minimize the cost of

preparing annual financial reports for

smaller SPPAs. The cost savings would

result in increased funds available for

financing promotion and research

programs.

For these reasons the Administrator of

AMS has determined that this proposed

action will not have a significant

economic effect on a substantial number

of small entities.

The Act (7 U.S.C. 4801–4819)

approved December 23, 1985,

authorized the establishment of a

national pork promotion, research, and

consumer information program. The

program was funded by an initial

assessment rate of 0.25 percent of the

market value of all porcine animals

marketed in the United States and an

equivalent amount of assessments on

import porcine animals, pork, and pork

products. That rate was increased to

0.35 percent effective December 1, 1991

(56 FR 51635). The final Order

establishing a pork promotion, research,

and consumer information program was

published in the September 5, 1986,

issue of the Federal Register (51 FR

31898; as corrected at 51 FR 36383 and

amended at 53 FR 1909, 53 FR 30243,

56 FR 4, and 56 FR 51635) and

assessments began on November 1,

1986. The Order is administered by the

15-member Board established pursuant

to § 1230.50 of the Order.

Section 1230.74(b) of the Order

requires that organizations that receive

distributions of funds from the Board

shall furnish the Board with an annual

report audited by a certified public

accountant (CPA) of all funds

distributed to them.

There are 45 SPPAs as defined in

§ 1230.25 who receive a percentage of

the annual net assessments collected in

their State pursuant to § 1230.72 (a) and

(b). However, § 1230.74(c) provides that

SPPAs that receive less than $10,000 in

such annual distributions may submit to

the Board annual, unaudited financial
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules 13385

statements prepared by State association

staff members or individuals who

prepare annual financial statements,

provided that such statements are

certified by two members of the State

association. In addition, State

associations that receive less than

$10,000 annually must submit to the

Board a CPA audited financial statement

at least every 5 years. Financial

statements of SPPAs that receive less

than $2,000 annually in distributed

assessments are audited by the Board.

The annual minimum dollar amounts

of distributed assessments of $10,000

and $2,000 referenced above were

established effective August 11, 1988

(53 FR 30243). These minimum dollar

requirements were established to enable

the smaller SPPAs that receive relatively

smaller amounts of annual assessments

to minimize the cost of CPA audits,

which could represent a significant

proportion of their total assessments.

Since then, the annual amount of

assessments distributed by the Board to

the SPPAs has increased as a result of

an increase in the assessment rate

effective December 1, 1991 (56 FR

51635), and some annual increases in

domestic hog prices and in the number

of hogs marketed. Consequently, it is the

Board’s view that the minimum dollar

amount now is not high enough to

enable a sufficient number of the

smaller SPPAs to minimize the costs of

preparing and submitting annual

financial reports and thus have

additional funds available to finance

promotion and research projects.

The amount of annual assessments

distributed to the 45 SPPAs in 1993

ranged from less than $1,000 to nearly

$1.4 million. Seventeen State

associations received less than $30,000,

and four of those State associations

received less than $2,000. To minimize

the costs of CPA audits for the 13 State

associations whose annual assessments

are more than $2,000, but less than

$30,000, the Board has recommended

that the annual minimum dollar amount

of distributed assessments that triggers

the requirement of an annual CPA audit

be increased from $10,000 to $30,000.

The provision that the Board audits

financial statements of SPPAs that

receive less than $2,000 in annual

distributed assessments would remain

unchanged.

Since the establishment in 1988 of the

initial minimum dollar amount of

assessments for which a CPA audit is

required, neither the Board nor the

Department has encountered any

problems with SPPAs preparing and

submitting financial statements or the

safeguarding of assessments.

Accordingly, based on the Board’s

findings and its recommendations

discussed above, we propose that the

provisions of § 1230.74(c) of the Order

containing the requirements for the

SPPA’s submission of annual financial

audits to the Board be terminated.

Further, we propose that the

requirements for submission of annual

audits be revised based on the Board’s

recommendations and published in the

rules and regulations implementing the

Order. The revised requirements would

provide that SPPAs that receive less

than $30,000 in assessments would be

required to submit unaudited financial

statements to the Board. The other

requirements of § 1230.74(c) would

remain unchanged.

List of Subjects in 7 CFR Part 1230

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreement, Meat

and meat products, Pork and pork

products.

For the reasons set forth in the

preamble, it is proposed that 7 CFR Part

1230 be amended as set forth below:

PART 1230—PORK PROMOTION,

RESEARCH, AND CONSUMER

INFORMATION

1. The authority citation for 7 CFR

part 1230 continues to read as follows:

Authority: 7 U.S.C. 4801–4819.

2. In § 1230.74, paragraph (b) is

revised to read as follows:

§ 1230.74 [Amended]

* * * * *

(b) Organizations receiving

distributions of assessments from the

Board shall furnish the Board with

annual financial statements audited by

a certified public accountant of all funds

distributed to such organizations

pursuant to this subpart and any other

reports as may be required by the

Secretary or the Board in order to verify

the use of such funds.

* * * * *

3. A new § 1230.115 would be added

to Subpart B—Rules and Regulations, to

read as follows.

§ 1230.115 Submission of annual financial

statements.

State Pork Producer Associations, as

defined in § 1230.25, that receive

distributions of assessments pursuant to

§ 1230.72 and that receive less than

$30,000 in assessments annually, may

satisfy the requirements of § 1230.74(b)

by providing to the Board unaudited

annual financial statements prepared by

State association staff members or

individuals who prepare annual

financial statements, provided that two

members of the State association attest

to and certify such financial statements.

Notwithstanding any provisions of the

Order to the contrary, State associations

that receive less than $30,000 in

distributed assessments annually and

submit unaudited annual financial

statements to the Board shall be

required to submit an annual financial

statement audited by a certified public

accountant at least once every 5 years,

or more frequently if deemed necessary

by the Board or the Secretary. The Board

may elect to conduct its own audit of

the annual financial statements of State

Pork Producer Associations that receive

less than $2,000 in distributed

assessments annually, every 5 years in

lieu of the required financial statements.

Dated: March 8, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–6096 Filed 3–10–95; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 20

[Docket No. PRM–20–23]

Steve Gannis, Denial of Petition for

Rulemaking

AGENCY: Nuclear Regulatory

Commission.

ACTION: Denial of petition for

rulemaking.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is denying a petition

for rulemaking (PRM–20–23) from Steve

Gannis. The petition is being denied on

the basis that the proposed action is not

necessary because: current public dose

limits adequately protect the health and

safety of the public; the requirement

that doses are as low as is reasonably

achievable (ALARA) provides an ample

margin of safety; and the proposed 1

mrem/yr limit is not supported by the

recommendations of the International

Commission on Radiological Protection

(ICRP), the National Council on

Radiation Protection and Measurements

(NCRP), or Presidential guidance.

ADDRESSES: Copies of the petition for

rulemaking, the public comments

received, and the NRC’s letter to the

petitioner are available for public

inspection or copying in the NRC Public

Document Room, 2120 L Street, NW.

(Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Charleen T. Raddatz, Office of Nuclear

Regulatory Research, U.S. Nuclear