2874 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

The volume control limitations placed

on the quantity of Florida celery

handled for fresh shipment have not

restricted the quantity of Florida celery

actually produced or shipped to fresh

markets in recent years, because

production and shipments have been

less than the marketable quantities

established. Thus, regulating volume

has been inconsequential.

The committee recommended

suspension, not termination, of the

marketing order to allow the industry an

opportunity to recover. Florida’s share

of the domestic celery market has

declined, but committee members

remain optimistic that, in time, the

Florida celery industry may regain its

former position. If the industry should

recover, the committee would like to

maintain the option of reactivating the

Federal marketing order.

Under the suspension, the industry

will be able to monitor the status of

celery production in Florida for the next

three marketing seasons. A meeting will

be held prior to December 1997, to

discuss the condition of the industry. At

that time, a determination will be made

to recommend reactivation,

continuation of the suspension, or

termination of the order. The

recommendation would require the

approval of the Secretary. If conditions

improve enough to convince the

industry that the order would be

effective before the conclusion of the

suspension period, a recommendation

could be made to the Secretary to

remove the suspension at that time.

Therefore, based on the foregoing

considerations, it is found that Federal

Marketing Order No. 967, and the rules

and regulations issued thereunder, do

not tend to effectuate the declared

policy of the Act. This action suspends,

through December 31, 1997, the

provisions of Federal Marketing Order

No. 967 and the rules and regulations

issued thereunder, including but not

limited to, the:

(1) Provisions of the order dealing

with the establishment and

responsibilities of the committee and

the administration of the order;

(2) Any rule or regulation, including

a budget and assessment rule [59 FR

52411, October 18, 1994] and volume

control regulations [59 FR 49571,

September 29, 1994] issued for the

1994–95 marketing season, and research

and development projects;

(3) Provisions of the order dealing

with expenses and the collection of

assessments; and

(4) Information collection and

reporting requirements (In compliance

with the Paperwork Reduction Act of

1980 (44 U.S.C. chapter 35), such

requirements have been approved by the

Office of Management and Budget and

assigned OMB Control No. 0581–0145).

During the suspension period, all

committee members and their alternates

will serve as trustees. The trustees will

be responsible for overseeing the

administrative affairs of the order. This

includes completing the committee’s

unfinished business, ensuring

termination of all outstanding

agreements, contracts, and the payment

of all obligations. The trustees will also

be responsible for safeguarding program

assets, and arranging for a financial

audit to be conducted. All such actions

by the trustees during the period of

suspension are subject to the approval

of the Secretary. Those designated as

trustees are: Mr. Pat Ferlise,

Chairperson, Mr. Thomas L. Brown,

Vice-Chairperson, Mr. L. E. Duff,

Secretary/Treasurer, Mr. Tony

Woodham, Mr. David L. Young, Mr. F.

S. Duda, Mr. Charles E. Allison, Mr.

Glenn R. Rogers, Mr. W. Rex Clonts, Sr.,

Mr. W. Rex Clonts, Jr., Mr. Felix Ferlise,

Mr. Henry M. Daniels, Mr. Milton

Ferlise, Mr. Dan Duda, Mr. Francis J.

McCarthy, Mr. Walter Duda, Mr. Bill

Grindstaff. The trustees shall continue

in their capacity as long as they are

eligible to serve as provided in § 967.26

of the order, and until the order is

reactivated or terminated, unless they

are discharged by the Secretary.

The remainder of the reserves, after

immediate expenses are paid, will be

held by the trustees to be used to cover

unforeseen, outstanding expenses

obligated by the committee. Such funds

could also be used by the trustees to pay

for necessary start-up costs should the

order, at the determination of the

Secretary, be reactivated. When a final

determination is made regarding the

order, any remaining funds will be used

or disbursed in accordance with the

appropriate order provisions.

Based on the above, the Administrator

of the AMS has determined that this

action will not have a significant

economic impact on a substantial

number of small entities.

It is also found and determined, upon

good cause, that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice or to

engage in further public procedure with

respect to this action because: (1) This

action relieves restrictions on handlers

by suspending the requirements

regulating the handling of celery

pursuant to Marketing Order No. 967;

(2) handlers are aware of this action,

which was discussed and recommended

at a meeting held by the committee: and

(3) no useful purpose would be served

by delaying the suspension of the

marketing order.

List of Subjects in 7 CFR Part 967

Marketing Agreements, Celery,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, under the authority of 7

U.S.C. 601–674, 7 CFR Part 967, is

suspended effective January 12, 1995

through December 31, 1997.

Dated: January 6, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–727 Filed 1–11–95; 8:45 am]

BILLING CODE 3410–02–P

Rural Utilities Service

7 CFR Part 1773

Correction of Typographical Error

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule correction of

typographical error.

SUMMARY: This document corrects a

typographical error in a final rule

published by the Rural Utilities Service

(RUS) on December 27, 1994, at 59 FR

66438. This regulation revised

nomenclature in agency regulations to

reflect the reorganization of the

Department of Agriculture mandated by

recent legislation.

EFFECTIVE DATE: December 27, 1994.

FOR FURTHER INFORMATION CONTACT: Sue

Arnold, Financial Analyst, Program

support Staff, Rural Utilities Service,

room 2234, South Building, U.S.

Department of Agriculture, Washington,

DC 20250–1500, telephone number 202–

720–0736; FAX 202–720–4120.

SUPPLEMENTARY INFORMATION: This

correction affects revisions to

definitions in 7 CFR Part 1773. The

published document, in the second

column of page 66440 cites the incorrect

section of part 1773. The definitions

revised are actually in section 1773.2.

To avoid confusion, RUS is correcting

this error.

Therefore, 7 CFR Part 1773 is

corrected as follows:

1. The authority citation for part 1773

continues to read as follows:

Authority: 7 U.S.C. 901 et seq.; 7 U.S.C.

1921 et seq.; Pub.L. 103–354, 108 Stat. 3178

(7 U.S.C. 6941 et seq.).

2. In the second column of page

66440, in amendatory instruction

number 25 ‘‘1773.3’’ is corrected to read

‘‘1773.2’’.
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2875

Dated: January 9, 1995.

Wally Beyer,

Administrator, Rural Utilities Service.

[FR Doc. 95–788 Filed 1–11–95; 8:45 am]

BILLING CODE 3410–15–P

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 94–009–3]

Brucellosis in Cattle; State and Area

Classifications; California

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the brucellosis regulations

concerning the interstate movement of

cattle by changing the classification of

California from Class Free to Class A.

We have determined that California no

longer meets the standards for Class

Free status. The interim rule was

necessary to impose certain restrictions

on the interstate movement of cattle

from California.

EFFECTIVE DATE: February 13, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael J. Gilsdorf, Senior Staff

Veterinarian, Cattle Diseases and

Surveillance Staff, Veterinary Services,

APHIS, USDA, P.O. Drawer 810,

Riverdale, MD 20738. The telephone

number for the agency contact will

change when agency offices in

Hyattsville, MD, move to Riverdale, MD,

during January. Telephone: (301) 436–

4918 (Hyattsville); (301) 734–4918

(Riverdale).

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective and

published in the Federal Register on

September 16, 1994 (59 FR 47533–

47534, Docket No. 94–009–2), we

amended the brucellosis regulations in

9 CFR part 78 by removing California

from the list of Class Free States in

§ 78.41(a) and adding it to the list of

Class A States in § 78.41(b).

Comments on the interim rule were

required to be received on or before

November 15, 1994. We did not receive

any comments. The facts presented in

the interim rule still provide a basis for

the rule.

This action also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Orders 12372 and 12778, and

the Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

List of Subjects in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

PART 78—BRUCELLOSIS

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 9 CFR 78.41 and that

was published at 59 FR 47533–47534 on

September 16, 1994.

Authority: 21 U.S.C. 111–114a-1, 114g,

115, 117, 120, 121, 123–126, 134b, 134f; 7

CFR 2.17, 2.51, and 371.2(d).

Done in Washington, DC, this 6th day of

January 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–807 Filed 1–11–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 97

[Docket No. 94–131–1]

Commuted Traveltime Periods:

Overtime Services Relating to Imports

and Exports

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations concerning overtime

services provided by employees of

Veterinary Services by adding a

commuted traveltime allowance for

Helena, Montana. Commuted traveltime

allowances are the periods of time

required for Veterinary Services

employees to travel from their dispatch

points and return there from the places

where they perform Sunday, holiday, or

other overtime duty. The Government

charges a fee for certain overtime

services provided by Veterinary

Services employees and, under certain

circumstances, the fee may include the

cost of commuted traveltime. This

action is necessary to inform the public

of commuted traveltime for this

location.

EFFECTIVE DATE: January 12, 1995.

FOR FURTHER INFORMATION CONTACT: Ms.

Louise R. Lothery, Director, Resource

Management Support, Veterinary

Services, APHIS, USDA, P.O. Drawer

810, Riverdale, MD 20783. The

telephone number for the agency

contact will change when agency offices

in Hyattsville, MD, move to Riverdale,

MD, during January. Telephone: (301)

436–7517 (Hyattsville); (301) 734–7517

(Riverdale).

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR, chapter I,

subchapter D, and 7 CFR, chapter III,

require inspection, laboratory testing,

certification, or quarantine of certain

animals, animal byproducts, plants,

plant products, or other commodities

intended for importation into, or

exportation from, the United States.

When these services must be provided

by an employee of Veterinary Services

(VS) on a Sunday or holiday, or at any

other time outside the VS employee’s

regular duty hours, the Government

charges a fee for the services in

accordance with 9 CFR part 97. Under

circumstances described in § 97.1(a),

this fee may include the cost of

commuted traveltime. Section 97.2

contains administrative instructions

prescribing commuted traveltime

allowances, which reflect, as nearly as

practicable, the periods of time required

for VS employees to travel from their

dispatch points and return there from

the places where they perform Sunday,

holiday, or other overtime duty.

We are amending § 97.2 of the

regulations by adding a commuted

traveltime allowance for Helena,

Montana. The amendment is set forth in

the rule portion of this document. This

action is necessary to inform the public

of the commuted traveltime between the

dispatch and service locations.

Effective Date

The commuted traveltime allowances

appropriate for employees performing

services at ports of entry, and the

features of the reimbursement plan for

recovering the cost of furnishing port of

entry services, depend upon facts

within the knowledge of the Department

of Agriculture. It does not appear that

public participation in this rulemaking

proceeding would make additional

relevant information available to the

Department.

Accordingly, pursuant to the

administrative procedure provisions in

5 U.S.C. 553, we find upon good cause

that prior notice and other public

procedure with respect to this rule are

impracticable and unnecessary; we also

find good cause for making this rule

effective less than 30 days after

publication of this document in the

Federal Register.