Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2665

§ 354.3 User fees for certain international

services.

* * * * *

(b) * * *

(2) * * *

(vi) Any vessel which sails only

between United States and Canadian

ports, when the Master of such vessel

arriving from Canada certifies, in the

‘‘Remarks’’ block of the General

Declaration, Customs Form 1301, that

the vessel has sailed solely between the

United States and Canada for the

previous 2 years.

* * * * *

(Approved by the Office of Management and

Budget under control numbers 1515–0062,

0579–0094, or 0579–0052)

Done in Washington, DC, this 24th day of

January 1996.

Lonnie J. King,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 96–1506 Filed 1–26–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 982

[Docket No. FV95–982–2IFR]

Filberts/Hazelnuts Grown in Oregon

and Washington; Establishment of

Interim and Final Free and Restricted

Percentages for the 1995–96 Marketing

Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes interim and final free and

restricted percentages for domestic

inshell filberts/hazelnuts for the 1995–

96 marketing year under the Federal

marketing order for filberts/hazelnuts

grown in Oregon and Washington. The

percentages allocate the quantity of

domestically produced filberts/

hazelnuts which may be marketed in the

domestic inshell market. The

percentages are intended to stabilize the

supply of domestic inshell filberts/

hazelnuts to meet the limited domestic

demand for such filberts/hazelnuts and

provide reasonable returns to producers.

This rule was recommended

unanimously by the Filbert/Hazelnut

Marketing Board (Board), which is the

agency responsible for local

administration of the order.

DATES: Effective January 29, 1996.

Comments which are received by

February 28, 1996 will be considered

prior to any finalization of the interim

final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule to: Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, Room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456. Three

copies of all written material shall be

submitted, and they will be made

available for public inspection at the

office of the Docket Clerk during regular

business hours. All comments should

reference the docket number, date, and

page number of this issue of the Federal

Register.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Marketing

Specialist, Northwest Marketing Field

Office, Fruit and Vegetable Division,

Agricultural Marketing Service, USDA,

1220 SW Third Ave., Room 369,

Portland, OR 97204; telephone (503)

326–2725 or Mark A. Slupek, Marketing

Specialist, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2536–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 205–

2830.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 982 (7 CFR Part 982),

both as amended, regulating the

handling of filberts/hazelnuts grown in

Oregon and Washington. This order is

effective under the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is intended that this action

apply to all merchantable filberts/

hazelnuts handled during the 1995–96

marketing year. This rule will not

preempt any State or local laws,

regulations, 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 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler 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 any

district in which the handler is an

inhabitant, or has his or her 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.

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

rule on small entities.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 1,000

producers of filberts/hazelnuts in the

production area and approximately 25

handlers subject to regulation under the

marketing order. Small agricultural

producers have been 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 are defined as

those whose annual receipts are less

than $5,000,000. The majority of

handlers and producers of filberts/

hazelnuts may be classified as small

entities.

The Board’s recommendation and this

interim final rule are based on

requirements specified in the order.

This rule establishes the amount of

inshell filberts/hazelnuts that may be

marketed in domestic markets. The

domestic outlets for this commodity are

characterized by limited demand, and

the establishment of interim and final

free and restricted percentages will

benefit the industry by promoting

stronger marketing conditions and

stabilizing prices and supplies, thus

improving grower returns.

The Board is required to meet prior to

September 20 of each marketing year to

compute an inshell trade demand and

preliminary free and restricted

percentages, if the use of volume

regulation is recommended during the

season. The order prescribes formulas

for computing the inshell trade demand,

as well as preliminary, interim final,

and final percentages. The inshell trade

demand establishes the amount of

inshell filberts/hazelnuts the handlers

may ship to the domestic market

throughout the season, and the

percentages release the volume of
2666 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

filberts/hazelnuts necessary to meet the

inshell trade demand. The preliminary

percentages provide for the release of 80

percent of the inshell trade demand.

The interim final percentages release

100 percent of the inshell trade demand.

The inshell trade demand equals the

average of the preceding three ‘‘normal’’

years’ trade acquisitions of inshell

filberts/hazelnuts, rounded to the

nearest whole number. The Board may

increase such figure by no more than 25

percent, if market conditions warrant

such an increase. The final free and

restricted percentages release an

additional 15 percent of the average of

the preceding three years’ trade

acquisitions of inshell filberts/hazelnuts

for desirable carryout. Desirable

carryout is used for early season

shipments until the new crop is

available for market.

The preliminary free and restricted

percentages make available portions of

the filbert/hazelnut supply subject to

regulation which may be marketed in

domestic inshell markets (free) and

exported, shelled, or otherwise disposed

of (restricted) early in the 1995–96

season. The preliminary free percentage

is expressed as a percentage of the total

supply subject to regulation and is

based on preliminary crop estimates.

The majority of domestic inshell

filberts/hazelnuts are marketed in

October, November, and December. By

November, the marketing season is well

under way.

At its August 28, 1995, meeting, the

Board computed and announced

preliminary free and restricted

percentages of 10 percent and 90

percent, respectively, to release 80

percent of the inshell trade demand.

The purpose of releasing only 80

percent of the inshell trade demand

under the preliminary percentage was to

guard against underestimates of crop

size. The preliminary free percentage

released 3,478 tons of filberts/hazelnuts

from the 1995 supply for domestic

inshell use. The preliminary restricted

percentage is 100 percent minus the free

percentage.

On or before November 15, the Board

must meet again to recommend interim

final and final percentages. The Board

uses current crop estimates to calculate

the interim final and final percentages.

The interim final percentages are

calculated in the same way as the

preliminary percentages and release 100

percent of the inshell trade demand

previously computed by the Board for

the marketing year. Final free and

restricted percentages release an

additional 15 percent of the average of

the preceding three years’ trade

acquisitions to provide an adequate

carryover into the following season. The

final free and restricted percentages

must be effective at least 30 days prior

to the end of the marketing year (July 1

through June 30), or earlier, if

recommended by the Board and

approved by the Secretary. In addition,

revisions in the marketing policy can be

made until February 15 of each

marketing year. However, the inshell

trade demand can only be revised

upward.

In accordance with order provisions,

the Board met on November 15, 1995,

reviewed and approved an amended

marketing policy and recommended the

establishment of interim final and final

free and restricted percentages. Interim

final percentages were recommended at

12 percent free and 88 percent

restricted, and final free and restricted

percentages were recommended at 14

percent and 86 percent, respectively.

The Board also recommended that the

final percentages be effective on June 1,

1996, which is 30 days prior to the end

of the season. The interim final

percentages make an additional 870 tons

of inshell filberts/hazelnuts available for

the domestic inshell market. The

interim final marketing percentages are

based on the industry’s final production

estimates and release 4,348 tons to the

domestic inshell market from the 1995

supply subject to regulation. The final

marketing percentages release an

additional 637 tons from the 1995 crop

for domestic use. Thus, a total of 4,985

tons of inshell filberts/hazelnuts will be

available from the 1995 supply subject

to regulation for domestic use when the

final percentages are established. The

National Agricultural Statistics Service

(NASS) estimated filbert/hazelnut

production at 38,000 tons for the Oregon

and Washington area. The Board

unanimously voted to accept the NASS

estimate.

The marketing percentages are based

on the Board’s production estimates and

the following supply and demand

information for the 1995–96 marketing

year:

Tons

Inshell Supply:

(1) Total production (NASS estimate) ............... .............. 38,000

(2) Less substandard, farm

use (disappearance) ................ .............. 2,466

(3) Merchantable

production (the

Board’s adjusted crop estimate) ............... .............. 35,534

Tons

(4) Plus

undeclared

carryin as of

July 1, 1995,

subject to regulation ................ .............. 11

(5) Supply subject

to regulation

(Item 3 plus

Item 4) ............. .............. 35,545

Inshell Trade Demand:

(6) Average trade

acquisitions of

inshell filberts/

hazelnuts for

three prior

years ................ .............. 4,247

(7) Increase to encourage increased sales

(15 percent of

Item 6) ............. .............. 637

(8) Less declared

carryin as of

July 1, 1995,

not subject to

regulation ......... .............. 536

(9) Adjusted

Inshell Trade

Demand ........... .............. 4,348

(10) 15 percent of

the average

trade acquisitions of inshell

filberts/hazelnuts for three

prior years

(Item 6) ............ .............. 637

(11) Adjusted

Inshell Trade

Demand plus

15 percent for

carryout (Item 9

plus Item 10) ... .............. 4,985

Percentages: Free Restricted

(12) Interim final

percentages 12

88 (Item 9 divided by Item 5)

x 100 ................ 12 88

(13) Final percentages (Item 11

divided by Item

5) x 100 ........... 14 86

In addition to complying with the

provisions of the marketing order, the

Board also considers the Department’s

1982 ‘‘Guidelines for Fruit, Vegetable,

and Specialty Crop Marketing Orders’’

(Guidelines) when making its

computations in the marketing policy.

This volume control regulation provides

a method to collectively limit the

supply of inshell filberts/hazelnuts

available for sale in domestic markets.

The Guidelines provide that the

domestic inshell market have available

a quantity equal to 110 percent of prior

years’ shipments in those outlets before

secondary market allocations are
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2667

approved. This provides for plentiful

supplies for consumers and for market

expansion while retaining the

mechanism for dealing with oversupply

situations. At its August 28, 1995,

meeting, the Board recommended that

an increase of 15 percent (637 tons) for

market expansion be included in the

inshell trade demand which was used to

compute the interim percentages. The

established final percentages are based

on the final inshell trade demand, and

will make available an additional 637

tons for desirable carryout. The total

free supply will be the final trade

demand of 4,985 tons plus the declared

carryin of 536 tons or 5,521 tons. This

is 130 percent of prior years’ sales and

exceeds the goal of the Guidelines.

Based on the above, the Administrator

of the AMS has determined that this

interim final rule will not have a

significant economic impact on a

substantial number of small entities.

Written comments, timely received in

response to this action, will be

considered before finalization of this

rule.

After consideration of all available

information, it is found that the

establishment of interim final and final

free and restricted percentages, as

hereinafter set forth, will tend to

effectuate the declared policy of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined, upon good

cause, that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice prior

to putting this rule into effect, and that

good cause exists for not postponing the

effective date of this action until 30 days

after publication in the Federal Register

because: (1) The 1995–96 marketing

year began July 1, 1995, and the

percentages established herein apply to

all merchantable filberts/hazelnuts

handled from the beginning of the crop

year; (2) handlers are aware of this rule,

which was recommended at an open

Board meeting, and need no additional

time to comply with this rule; and (3)

interested persons are provided a 30-day

comment period in which to respond.

All comments timely received will be

considered prior to finalization of this

action.

List of Subjects in 7 CFR Part 982

Filberts, Hazelnuts, Marketing

agreements, Nuts, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR Part 982 is amended as

follows:

PART 982—FILBERTS/HAZELNUTS

GROWN IN OREGON AND

WASHINGTON

1. The authority citation for 7 CFR

part 982 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 982.243 is added to read as

follows:

Note: This section will not be published in

the annual Code of Federal Regulations.

§ 982.243 Free and restricted

percentages—1995–96 marketing year.

(a) The interim final free and

restricted percentages for merchantable

filberts/hazelnuts for the 1995–96

marketing year shall be 12 and 88

percent, respectively.

(b) On June 1, 1996, the final free and

restricted percentages for merchantable

filberts/hazelnuts for the 1995–96

marketing year shall be 14 and 86

percent, respectively.

Dated: January 22, 1996.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96–1295 Filed 1–26–96; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL RESERVE SYSTEM

12 CFR Parts 207, 220, 221 and 224

[Regulations G, T, U and X]

Securities Credit Transactions; List of

Marginable OTC Stocks; List of

Foreign Margin Stocks

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule; determination of

applicability of regulations.

SUMMARY: The List of Marginable OTC

Stocks (OTC List) is composed of stocks

traded over-the-counter (OTC) in the

United States that have been determined

by the Board of Governors of the Federal

Reserve System to be subject to the

margin requirements under certain

Federal Reserve regulations. The List of

Foreign Margin Stocks (Foreign List) is

composed of foreign equity securities

that have met the Board’s eligibility

criteria under Regulation T. The OTC

List and the Foreign List are published

four times a year by the Board. This

document sets forth additions to and

deletions from the previous OTC List.

There are no additions to or deletions

from the previous Foreign List.

EFFECTIVE DATE: February 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Peggy Wolffrum, Securities Regulation

Analyst, Division of Banking

Supervision and Regulation, (202) 452–

2781, Board of Governors of the Federal

Reserve System, Washington, D.C.

20551. For the hearing impaired only,

contact Dorothea Thompson,

Telecommunications Device for the Deaf

(TDD) at (202) 452–3544.

SUPPLEMENTARY INFORMATION: Listed

below are additions to and deletions

from the OTC List, which was last

published on October 30, 1995 (60 FR

55183), and became effective November

13, 1995. A copy of the complete OTC

List is available from the Federal

Reserve Banks.

The OTC List includes those stocks

that meet the criteria in Regulations G,

T and U (12 CFR Parts 207, 220 and 221,

respectively). This determination also

affects the applicability of Regulation X

(12 CFR Part 224). These stocks have the

degree of national investor interest, the

depth and breadth of market, and the

availability of information respecting

the stock and its issuer to warrant

regulation in the same fashion as

exchange-traded securities. The OTC

List also includes any OTC stock

designated for trading in the national

market system (NMS security) under

rules approved by the Securities and

Exchange Commission (SEC).

Additional OTC stocks may be

designated as NMS securities in the

interim between the Board’s quarterly

publications. They will become

automatically marginable upon the

effective date of their NMS designation.

The names of these stocks are available

at the SEC and at the National

Association of Securities Dealers, Inc.

and will be incorporated into the

Board’s next quarterly publication of the

OTC List.

There are no new additions, deletions

or changes to the Board’s Foreign List,

which was last published on October

30, 1995 (60 FR 55183), and which

became effective November 13, 1995.

The Foreign List includes those foreign

equity securities that meet the criteria in

section 220.17 of Regulation T and are

eligible for margin treatment at brokerdealers on the same basis as domestic

margin securities. A copy of the

complete Foreign List is available from

the Federal Reserve Banks.

Public Comment and Deferred Effective

Date

The requirements of 5 U.S.C. 553 with

respect to notice and public

participation were not followed in

connection with the issuance of this

amendment due to the objective

character of the criteria for inclusion

and continued inclusion on the Lists

specified in 12 CFR 207.6(a) and (b),

220.17(a), (b), (c) and (d), and 221.7(a)