28002 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

established for papayas grown in

Hawaii.

Dated: May 29, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–13853 Filed 6–3–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1230

[No. LS–96–001]

Pork Promotion, Research, and

Consumer Information Order—

Increase in Importer Assessments

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: Pursuant to the Pork

Promotion, Research, and Consumer

Information Act (Act) of 1985 and the

Order issued thereunder, this final rule

increases the amount of the assessment

per pound due on imported pork and

pork products to reflect an increase in

the 1995 five-market average price for

domestic barrows and gilts. This action

brings the equivalent market value of

the live animals from which such

imported pork and pork products were

derived in line with the market values

of domestic porcine animals. These

changes will facilitate the continued

collection of assessments on imported

porcine animals, pork, and pork

products.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION: The

Department of Agriculture (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. This is not intended to

have a retroactive effect. The 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 such order, a

provision of such order or an 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 on the

petition. The Act provides that the

district court of the United States in the

district in which such person resides or

does business has jurisdiction to review

the Secretary’s determination, if a

complaint is filed not later than 20 days

after the date such person receives

notice of such determination.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) (5

United States Code(U.S.C.) 601 et seq.),

the Agricultural Marketing Service

(AMS) has considered the economic

impact of this final action on small

entities. The effect of the Order upon

small entities was discussed in the

September 5, 1986, issue of the Federal

Register (51 FR 31898), and it was

determined that the Order would not

have a significant effect upon a

substantial number of small entities.

Many of the estimated 200 importers

may be classified as small entities. This

final rule increases the amount of

assessments on imported pork and pork

products subject to assessment by twohundredths of a cent per pound, or as

expressed in cents per kilogram, fourhundredths of a cent per kilogram.

Adjusting the assessments on imported

pork and pork products would result in

an estimated increase in assessments of

$104,000 over a 12-month period.

Accordingly, the Administrator of AMS

has determined that this action will not

have a significant economic impact 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 assessment on

imported porcine animals, pork, and

pork products. However, that rate was

increased to 0.35 percent in 1991 (56 FR

51635) and to 0.45 percent effective

September 3, 1995 (60 FR 29963). 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,

56 FR 51635, and 60 FR 29963) and

assessments began on November 1,

1986.

The Order requires importers of

porcine animals to pay the U.S. Customs

Service (USCS), upon importation, the

assessment of 0.45 percent of the

animal’s declared value and importers

of pork and pork products to pay USCS,

upon importation, the assessment of

0.45 percent of the market value of the

live porcine animals from which such

pork and pork products were produced.

This final rule increases the assessments

on all of the imported pork and pork

products subject to assessment as

published in the Federal Register as a

final rule June 7, 1995, and effective

September 3, 1995; (60 FR 29965). This

increase is consistent with the increase

in the annual average price of domestic

barrows and gilts for calendar year 1995

as reported by USDA, AMS, Livestock

and Grain Market News (LGMN)

Branch. This increase in assessments

will make the equivalent market value

of the live porcine animal from which

the imported pork and pork products

were derived reflect the recent increase

in the market value of domestic porcine

animals, thereby promoting

comparability between importer and

domestic assessments. This final rule

will not change the current assessment

rate of 0.45 percent of the market value.

The methodology for determining the

per pound amounts for imported pork

and pork products was described in the

Supplementary Information

accompanying the Order and published

in the September 5, 1986, Federal

Register at 51 FR 31901. The weight of

imported pork and pork products is

converted to a carcass weight equivalent

by utilizing conversion factors which

are published in the Department’s

Statistical Bulletin No. 697 ‘‘Conversion

Factors and Weights and Measures.’’

These conversion factors take into

account the removal of bone, weight lost

in cooking or other processing, and the

nonpork components of pork products.

Secondly, the carcass weight equivalent

is converted to a live animal equivalent

weight by dividing the carcass weight

equivalent by 70 percent, which is the

average dressing percentage of porcine

animals in the United States. Thirdly,

the equivalent value of the live porcine

animal is determined by multiplying the

live animal equivalent weight by an

annual average market price for barrows

and gilts as reported by USDA, AMS,

LGMN Branch. This average price is

published on a yearly basis during the

month of January in LGMN Branch’s

publication ‘‘Livestock, Meat, and Wool

Weekly Summary and Statistics.’’

Finally, the equivalent value is

multiplied by the applicable assessment

rate of 0.45 percent due on imported
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28003

pork and pork products. The end result

is expressed in an amount per pound for

each type of pork or pork product. To

determine the amount per kilogram for

pork and pork products subject to

assessment under the Act and Order, the

cent per pound assessments are

multiplied by a metric conversion factor

2.2046 and carried to the sixth decimal.

The formula in the preamble for the

Order at 51 FR 31901 contemplated that

it would be necessary to recalculate the

equivalent live animal value of

imported pork and pork products to

reflect changes in the annual average

price of domestic barrows and gilts to

maintain equity of assessments between

domestic porcine animals and imported

pork and pork products.

The average annual market price

increased from $39.57 in 1994 to $41.76

in 1995, an increase of about 6 percent.

This increase will result in a

corresponding increase in assessments

for all HTS numbers listed in the table

in § 1230.110, 60 FR 29965; June 7,

1995, of an amount equal to twohundredths of a cent per pound, or as

expressed in cents per kilogram, fourhundredths of a cent per kilogram.

Based on the most recent available

Department of Commerce, Bureau of

Census, data on the volume of imported

pork and pork products, the increase in

assessment amounts would result in an

estimated $104,000 increase in

assessments over a 12-month period.

On March 22, 1996, AMS published

in the Federal Register (61 FR 11776) a

proposed rule which would increase the

per pound assessment on imported pork

and pork products consistent with

increases in the 1995 average prices of

domestic barrows and gilts to provide

comparability between imported and

domestic assessments. The proposal was

published with a request for comments

by April 22, 1996. No comments were

received.

Accordingly, this final rule

establishes the new per-pound and perkilogram assessments on imported pork

and pork products.

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, 7 CFR Part 1230 is amended

as follows:

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.

Subpart B—[Amended]

2. In Subpart B—Rules and

Regulations, § 1230.110 is revised to

read as follows:

§ 1230.110 Assessments on imported pork

and pork products.

(a) The following HTS categories of

imported live porcine animals are

subject to assessment at the rate

specified.

Live porcine

animals Assessment

0103.10.0000 0.45 percent Customs Entered Value.

0103.91.0000 0.45 percent Customs Entered Value.

0103.92.0000 0.45 percent Customs Entered Value.

(b) The following HTS categories of

imported pork and pork products are

subject to assessment at the rates

specified.

Pork and pork products

Assessment

Cents/lb Cents/kg

0203.11.0000 ............ .27 .507058

0203.12.1010 ............ .27 .507058

0203.12.1020 ............ .27 .507058

0203.12.9010 ............ .27 .507058

0203.12.9020 ............ .27 .507058

0203.19.2010 ............ .31 .573196

0203.19.2090 ............ .31 .573196

0203.19.4010 ............ .27 .507058

0203.19.4090 ............ .27 .507058

0203.21.0000 ............ .27 .507058

0203.22.1000 ............ .27 .507058

0203.22.9000 ............ .27 .507058

0203.29.2000 ............ .31 .573196

0203.29.4000 ............ .27 .507058

0206.30.0000 ............ .27 .507058

0206.41.0000 ............ .27 .507058

0206.49.0000 ............ .27 .507058

0210.11.0010 ............ .27 .507058

0210.11.0020 ............ .27 .507058

0210.12.0020 ............ .27 .507058

0210.12.0040 ............ .27 .507058

0210.19.0010 ............ .31 .573196

0210.19.0090 ............ .31 .573196

1601.00.2010 ............ .37 .683426

1601.00.2090 ............ .37 .683426

1602.41.2020 ............ .41 .749564

1602.41.2040 ............ .41 .749564

1602.41.9000 ............ .27 .507058

1602.42.2020 ............ .41 .749564

1602.42.2040 ............ .41 .749564

1602.42.4000 ............ .27 .507058

1602.49.2000 ............ .37 .683426

1602.49.4000 ............ .31 .573196

Dated: May 28, 1996.

Kenneth C. Clayton,

Acting Administrator.

[FR Doc. 96–13833 Filed 6–3–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103 and 299

[INS No. 1666–94]

RIN 1115–AD75

Certification of Designated

Fingerprinting Services

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations by certifying

designated fingerprinting services (DFS)

to take fingerprints of applicants for

immigration benefits. This rule

establishes the eligibility requirements

and application procedures for DFS

certification. When the rule is

implemented, it will facilitate the

processing of applications for

immigration benefits, protect the

integrity of the fingerprinting process,

and relieve the strain on Service

personnel resources.

EFFECTIVE DATE: This rule is effective

July 5, 1996. Entities desiring to

continue providing fingerprint services

for immigration benefits without

interruption must file an application for

DFS status in accordance with the

standards of this rule no later than

November 1, 1996. After December 31,

1996, the Service will not accept

fingerprints taken by entities who have

not filed an application for DFS

certification and been approved by the

Service.

FOR FURTHER INFORMATION CONTACT:

Jack Rasmussen, Adjudications Officer,

or Kathleen Hatcher, Adjudications

Officer, Adjudications Division,

Immigration and Naturalization Service,

425 I Street, NW., Room 3214,

Washington, DC 20536, telephone (202)

514–3240; Kim Mangan, Adjudications

Officer, Immigration and Naturalization

Service, 2901 Metro Dr., Suite 100,

Bloomington, MN 55425, telephone

(612) 335–2234; Delia Ramirez,

Adjudications Officer, Immigration and

Naturalization Service, EOFP 6th Fl.,

P.O. Box 30080, Laguna Niguel, CA

92607–0080, telephone (714) 360–3314;

or Yolanda Sanchez, Adjudications

Officer, Immigration and Naturalization