15524 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Constance M. Brenner, Marketing

Specialist, USDA/AMS/Dairy Division,

Order Formulation Branch, Room 2971,

South Building, P.O. Box 96456,

Washington, DC 20090–6456 (202) 720–

2357.

SUPPLEMENTARY INFORMATION: The

Regulatory Flexibility Act (5 U.S.C.

601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Pursuant to 5 U.S.C.

605(b), the Administrator of the

Agricultural Marketing Service has

certified that this proposed rule would

not have a significant economic impact

on a substantial number of small

entities. This rule would lessen the

regulatory impact of the order on dairy

farmers and would not affect milk

handlers.

The Department is issuing this

proposed rule in conformance with

Executive Order 12866.

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. If adopted,

this proposed rule will not preempt any

state or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with the rule.

The Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), provides that

administrative proceedings must be

exhausted before parties may file suit in

court. Under section 608c(15)(A) of the

Act, any handler subject to an order may

file with the Secretary a petition stating

that the order, any provisions of the

order, or any obligation imposed in

connection with the order is not in

accordance with law and request a

modification of an order or to be

exempted from the order. A handler is

afforded the opportunity for a hearing

on the petition. After a hearing, the

Secretary would rule on the petition.

The Act provides that the district court

of the United States in any district in

which the handler is an inhabitant, or

has its principal place of business, has

jurisdiction in equity to review the

Secretary’s ruling on the petition,

provided a bill in equity is filed not

later than 20 days after the date of the

entry of the ruling.

Notice is hereby given that, pursuant

to the provisions of the Agricultural

Marketing Agreement Act, the

termination of the following provisions

of the order regulating the handling of

milk in the Eastern Ohio-Western

Pennsylvania marketing area is being

considered:

Sections 1036.105 through 1036.122,

the undesignated center heading

preceding them, and the reference to

these provisions in § 1036.73.

All persons who want to send written

data, views, or arguments about the

proposed termination should send two

copies of them to the USDA/AMS/Dairy

Division, Order Formulation Branch,

Room 2971, South Building, P.O. Box

96456, Washington, DC 20090–6456, by

the 14th day after the publication of this

notice in the Federal Register. The

period for filing comments is limited to

14 days because a longer period would

not provide the time needed to complete

the required procedures before the

process to appoint a new Board is

initiated in April.

The comments that are received will

be made available for public inspection

in the Dairy Division during normal

business hours (7 CFR 1.27(b)).

Statement of Consideration

The proposed termination, requested

by Milk Marketing Inc. (MMI), Dairylea

Cooperative Inc., and Tri-County

Producers Cooperative, all associations

of dairy farmers whose milk is pooled

on the Eastern Ohio-Western

Pennsylvania Federal milk order, would

eliminate the advertising and promotion

provisions of that order.

The cooperatives stated that the

primary purpose of these provisions, at

the time of their implementation, was to

increase producer participation in the

advertising and promotion of milk and

dairy products. However, the Dairy and

Tobacco Adjustment Act of 1985

mandated that all dairy farmers

contribute to such activities through a

national program spanning all Federal

order marketing areas (7 CFR part 1150).

The cooperatives asserted that the

advertising and promotion provisions of

the order are redundant and create

unnecessary expenses in view of the

existence of qualified regional programs

that are funded under the national

advertising and promotion program. The

efficiency and effectiveness of producer

funds would be enhanced with

termination of the Federal order

advertising and promotion provisions.

Thus, the cooperatives requested

removal of the advertising and

promotion provisions to eliminate

administrative costs without affecting

the integrity of the Federal order

program.

Section 608c(16)(A) of the Act

authorizing Federal milk orders

provides that any order provisions may

be terminated separately whenever the

Secretary makes a determination that

such provisions obstruct or do not tend

to effectuate the declared policy of the

Act.

Therefore, comments are sought to

determine whether the aforementioned

provisions should be terminated.

List of Subjects in 7 CFR Part 1036

Milk marketing orders.

The authority citation for 7 CFR part

1036 continues to read as follows:

Authority: Secs. 1–19, 48 Stat. 31, as

amended; 7 U.S.C. 601–674.

Dated: March 21, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–7335 Filed 3–23–95; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Parts 1 and 3

[Docket No. 93–076–6]

RIN 0579–AA59

Animal Welfare; Marine Mammals

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of reopening and

extension of comment period.

SUMMARY: We are reopening and

extending the comment period for our

proposed rule regarding the

establishment of standards for ‘‘swimwith-the-dolphin’’ interactive programs.

This extension will provide interested

persons with additional time to prepare

comments on the proposed rule.

DATES: Consideration will be given only

to written comments on Docket No. 93–

076–2 that are received on or before

March 24, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 93–076–2, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Comments received may be inspected at

USDA, room 1141, South Building, 14th

Street and Independence Ave. SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Barbara Kohn, Senior Staff Veterinarian,

Animal Care Staff, REAC, APHIS, 4700

River Road Unit 84, Riverdale, MD

20737–1228, (301) 734–8699.

SUPPLEMENTARY INFORMATION: On

January 23, 1995, we published in the

Federal Register (60 FR 4383–4389,

Docket No. 93–076–2) a proposal to
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Proposed Rules 15525

amend the Animal Welfare regulations

to establish standards for ‘‘swim-withthe-dolphin’’ interactive programs.

Comments regarding the proposed

rule were required to be received on or

before February 22, 1995. On February

28, 1995, we published a notice in the

Federal Register (60 FR 10810, Docket

No. 93–076–4), reopening and extending

the comment period for Docket No. 93–

076–2 through March 9, 1995. On March

9, 1995, we published a notice in the

Federal Register (60 FR 12908, Docket

93–076–5) further extending the

comment period through March 13,

1995. However, several Federal agencies

have indicated the need for additional

time to develop and submit comments

on the proposed rule.

So that we may consider comments

received after March 13, we are

reopening and extending the comment

period for Docket No. 93–076–2 through

March 24, 1995. During this period,

other interested persons may also

submit their comments for our

consideration.

Authority: 7 U.S.C. 2131–2159; 7 CFR 2.17,

2.51, and 371.2(g).

Done in Washington, DC, this 21st day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–7333 Filed 3–23–95; 8:45 am]

BILLING CODE 3410–34–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 108

Loans to State and Local Development

Companies; Computer Generated

Facsimiles of SBA Forms

AGENCY: Small Business Administration

(SBA).

ACTION: Proposed rule.

SUMMARY: This proposed rule would

authorize qualified development

companies to use computer generated

facsimile exact copies of SBA

application and closing forms in

submitting loan applications and

closing documents. This rule is being

proposed in order to ease administration

of the development company program.

DATES: Comments must be submitted on

or before April 24, 1995.

ADDRESSES: Comments should be sent to

LeAnn Oliver, Acting Director, Office of

Rural Affairs & Economic Development,

Small Business Administration, 409 3rd

Street S.W., Suite 8300, Washington,

D.C., 20416.

FOR FURTHER INFORMATION CONTACT:

LeAnn Oliver, (202) 205–6485.

SUPPLEMENTARY INFORMATION: For many

years, SBA has required Certified

Development Companies to use forms

provided by SBA in the development

company loan program. With advances

in technology, forms may be reproduced

as mirror image facsimiles by

computers. Such reproductions may be

in the best interests of the development

company loan program.

Under this proposed rule, Certified

Development Companies would be

authorized to use SBA application and

closing forms which have been

computer generated by the certified

development companies, attorneys

retained by such companies, or by third

parties with whom they have

contracted. Because SBA in the past has

withheld permission to computerize

certain identified SBA forms, the

proposed new section 108.504–1 would

specifically include the following forms

in the general authority to utilize

computer generated facsimile copies:

SBA Forms 1248 (Authorization and

Debenture Guaranty), 1505 (Note), 1504

(Debenture), 1506 (Servicing Agent

Agreement), 1429 (Use of Proceeds), 148

(Guaranty), 928 (Mortgage), 930 (Deed of

Trust), 1059 (Security Agreement), 1243

(CDC Certificate) and 1528 (CDC Board

Resolution).

Compliance With Executive Orders

12612, 12778, and 12866, the

Regulatory Flexibility Act and the

Paperwork Reduction Act

For purposes of the Regulatory

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

certifies that this rule will not have a

significant economic impact on a

substantial number of small entities.

SBA certifies that this rule will not

constitute a significant regulatory action

for 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 rule will not

impose additional reporting or

recordkeeping requirements which

would be subject to the Paperwork

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

SBA certifies that this rule will not

have Federalism implications

warranting the preparation of a

Federalism Assessment in accordance

with Executive Order 12612.

SBA certifies that this rule is drafted,

to the extent practicable, in accordance

with the standards set forth in Section

2 of Executive Order 12778.

List of Subjects in 13 CFR Part 108

Loan programs/business, Small

businesses.

For the reasons set forth above, SBA

proposes to amend part 108 of title 13

of the Code of Federal Regulations as

follows:

PART 108—[AMENDED]

1. The authority citation for Part 108

continues to read as follows:

Authority: 15 U.S.C. 687(c), 695, 696, 697a,

697b, 697c.

2. Section 108.504–1 would be added

to read as follows:

§ 108.504–1 Computer Generated

Facsimile Copies of SBA Forms

For 504 Program loans, a 503

Company may use computer generated

SBA application and closing forms

which are exact facsimile reproductions

of SBA forms generated by the 503

Company, attorneys retained by the 503

Company or by third parties with which

the 503 Company has contracted;

provided that a 503 Company which

utilizes such computer generated forms

shall be responsible to SBA for a

substantial loss resulting from inexact

reproduction of any such form and

provided further that SBA reserves the

right not to guarantee a debenture

because an inexact computer form has

been submitted to SBA in support of a

request for such guarantee. All SBA loan

forms, including, but not limited to the

following, may be computer generated:

SBA Forms 1248 (Authorization and

Debenture Guaranty), 1505 (Note), 1504

(Debenture), 1506 (Servicing Agent

Agreement), 1429 (Use of Proceeds), 148

(Guaranty), 928 (Mortgage), 930 (Deed of

Trust), 1059 (Security Agreement), 1243

(CDC Certificate) and 1528 (CDC Board

Resolution).

* * * * * Catalog of Federal Domestic Assistance

59.036 Certified Development Company

Loans (503 Loans); 59.041 Certified

Development Company Loans (504 Loans).

Dated: February 10, 1995.

Philip Lader,

Administrator.

[FR Doc. 95–6977 Filed 3–23–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

14 CFR Chapter I

Federal Aviation Administration;

Harmonization Initiatives

AGENCY: Department of Transportation,

Federal Aviation Administration (FAA).

ACTION: Notice of public meeting.

SUMMARY: The Federal Aviation

Administration and the Joint Aviation

Authorities will convene a meeting to