27244 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

List of Subjects in 5 CFR Part 591

Government employees, Travel and

transportation expenses, Wages.

Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending part

591 of title 5, Code of Federal

Regulations, as follows:

PART 591—ALLOWANCES AND

DIFFERENTIALS

Subpart D—Separate Maintenance

Allowance for Duty at Johnston Island

1. The authority citation for subpart D

of part 591 is revised to read as follows:

Authority: 5 U.S.C. 5942a(b); E.O. 12822, 3

CFR, 1992 Comp., p. 325

2. In § 591.401, paragraph (a) is

revised to read as follows:

§ 591.401 Purpose and applicability.

(a) Purpose. This subpart prescribes

the regulations required by section

5942a of title 5, United States Code, to

authorize payment of a separate

maintenance allowance to assist an

employee assigned to Johnston Island to

meet the additional expenses of

maintaining family members elsewhere

who would normally reside with him or

her because they cannot accompany the

employee to Johnston Island. This

subpart provides rules for determining

which employees are eligible to receive

the separate maintenance allowance,

who qualifies as family members under

the program, the method of payment,

and payment amounts.

* * * * *

3. Section 591.402 is revised to read

as follows:

§ 591.402 Definitions.

Adult, a term used in the Department

of State Standardized Regulations

(Government Civilians, Foreign Areas),

means a family member who is 21 years

of age or older.

Family member means one or more of

the following relatives of an employee

who would normally reside with the

employee except for circumstances

warranting the granting of a separate

maintenance allowance, but who does

not receive from the Government an

allowance similar to that granted to the

employee and who is not deemed to be

a family member of another employee

for the purpose of determining the

amount of a separate maintenance

allowance or similar allowance:

(1) Children who are unmarried and

under 21 years of age or, regardless of

age, are incapable of self-support,

including natural children, step and

adopted children, and those under legal

guardianship or custody of the

employee or the spouse when they are

expected to be under such legal

guardianship or custody at least until

they reach 21 years of age and when

dependent upon and normally residing

with the guardian;

(2) Parents (including step and legally

adoptive parents) of the employee or of

the spouse when such parents are at

least 51 percent dependent on the

employee for support;

(3) Sisters and brothers (including

step or adoptive sisters and brothers) of

the employee or of the spouse, when

such sisters and brothers are at least 51

percent dependent on the employee for

support, unmarried and under 21 years

of age, or regardless of age, are incapable

of self-support; or

(4) Spouse, excluding a spouse

independently entitled to and receiving

a similar allowance.

Johnston Island, also called Johnston

Atoll, is a possession of the United

States located 717 nautical miles

southwest of Honolulu, Hawaii.

Separate maintenance allowance

means an allowance to assist an

employee assigned to Johnston Island

who is compelled by reason of

dangerous, notably unhealthful, or

excessively adverse living conditions at

Johnston Island, or for the convenience

of the Government, to meet the

additional expense of maintaining

family members at a location other than

Johnston Island.

4. Section 591.403 is revised to read

as follows:

§ 591.403 Amount of payment.

(a) The annual rate of the separate

maintenance allowance paid to an

employee shall be determined by the

number of individuals, including a

spouse and/or one or more other family

members, that are maintained at a

location other than Johnston Island.

(b) The annual rates for the separate

maintenance allowance paid to

employees assigned to Johnston Island

shall be the same as the annual rates for

the separate maintenance allowance

established by the Department of State

in its Standardized Regulations

(Government Civilians, Foreign Areas).

The annual rates shall not vary by

location of the separate household.

(c) The annual rates of the separate

maintenance allowance shall be

adjusted on the first day of the first pay

period beginning on or after July 1, 1996

and, subsequently, on the first day of

the first pay period beginning on or after

the effective date established for

adjustment of annual rates for the

separate maintenance allowance in the

Standardized Regulations (Government

Civilians, Foreign Areas).

5. Section 591.405 is revised to read

as follows:

§ 591.405 Responsibilities of agencies.

Agencies with employees stationed at

Johnston Island may require reasonable

verification of relationship and

dependency.

[FR Doc. 96–13682 Filed 5–30–96; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AB24

Common Crop Insurance Regulations;

Malting Barley Price and Quality

Endorsement Crop Insurance

Provisions; Correction

AGENCY: Federal Crop Insurance

Corporation, Department of Agriculture.

ACTION: Correcting amendments.

SUMMARY: This document contains

technical corrections to the final

regulations, published Wednesday,

March 6, 1996 (61 FR 8851), concerning

the insurance contract requirements

under the Malting Barley Price and

Quality Endorsement crop provisions of

the Common Crop Insurance Policy.

EFFECTIVE DATE: May 30, 1996.

FOR FURTHER INFORMATION CONTACT: Rob

Coultis, Program Analyst, Research and

Development Division, Product

Development Branch, FCIC, at 9435

Holmes Road, Kansas City, MO 64131,

telephone (816) 926–7730 (not a toll-free

call).

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject

of these technical corrections was

intended to make available a new

insurance coverage for producers of

malting barley. As published, the final

regulations contained an error in the

calculation used to reduce the amount

of production to count when damaged

production is accepted by a buyer for

malting purposes. As published, the

quality adjustment factor used to reduce

the amount of damaged production is

calculated by dividing an established

value of undamaged production (the

maximum additional value price

election) by the price per bushel

received for damaged production. The

application of this calculation will

increase the production to count, not
Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27245

reduce it. To establish the appropriate

factor for reducing the production to

count to take into consideration an

amount of damaged production, the

regulation should have stated that the

price per bushel received for damaged

production would be divided by the

established value of undamaged

production.

Need for Correction

As published, the final regulations

contain errors which may prove to be

misleading and are in need of

clarification.

List of Subjects in 7 CFR Part 457

Malting Barley Crop Insurance.

PART 457—COMMON CROP

INSURANCE REGULATIONS;

REGULATIONS FOR THE 1991 AND

SUBSEQUENT CONTRACT YEARS

Accordingly, 7 CFR Part 457 is

corrected by making the following

correcting amendments:

1. On page 8856 in the second

column, section 4(b)(2) of Option A is

corrected to read ‘‘Dividing the price per

bushel received for the damaged

production by the result of paragraph

(1); and’’

2. On page 8857 in the second

column, section 4(b)(2) of Option B is

corrected to read ‘‘Dividing the price per

bushel received for the damaged

production by the result of paragraph

(1); and’’

Signed in Washington, D.C., on May 23,

1996.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 96–13591 Filed 5–30–96; 8:45 am]

BILLING CODE 3410–FA–P

Agricultural Marketing Service

7 CFR Part 925

[Docket No. FV95–925–1FIR]

Grapes Grown in a Designated Area of

Southeastern California; Revision of

Container Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, the provisions of an interim

final rule with correction which added

two new containers to the list of

containers authorized for use by table

grape handlers regulated under the

marketing order. This rule also reduces

the minimum net weight of containers

of California table grapes from 22

pounds to 20 pounds and for grapes

packed in poly bags from 20 pounds to

18 pounds. The marketing order

regulates the handling of table grapes

grown in a designated area of

Southeastern California. The marketing

order is locally administered by the

California Desert Grape Administrative

Committee (CDGAC). This rule allows

for more efficient use of containers and

helps handlers meet industry needs.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Charles L. Rush, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2526–S, Washington,

DC 20090–6456, telephone (202) 690–

3670; or Rose M. Aguayo, California

Marketing Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 2202

Monterey Street, Suite 102B, Fresno,

California 93721; telephone (209) 487–

5901.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing Order

No. 925 [7 CFR Part 925], as amended,

regulating the handling of table grapes

grown in a designated area of

Southeastern California, hereinafter

referred to as the ‘‘order.’’ The 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 final rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule is not intended to

have retroactive effect. 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 to

review the Secretary’s ruling on the

petition, provided an action 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

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 20 handlers

of California table grapes subject to

regulation under the order and

approximately 80 table grape producers

in the production area. Small

agricultural service firms are defined by

the Small Business Administration (13

CFR 121.601) as those whose annual

receipts are less than $5,000,000, and

small agricultural producers have been

defined as those having annual receipts

of less than $500,000. A minority of

handlers and producers are classified as

small entities.

This rule finalizes changes in the

container requirements under the

marketing order for grapes grown in

designated areas of Southeastern

California. This rule also finalizes a

reduction in the minimum net weight of

containers of California table grapes

from 22 pounds to 20 pounds and for

grapes packed in poly bags from 20

pounds to 18 pounds. These changes

were unanimously recommended by the

CDGAC.

An interim final rule was issued on

March 11, 1996, and published in the

Federal Register (61 FR 11127, March

19, 1996), with an effective date of

March 19, 1996. That rule amended

§ 925.304 of the rules and regulations in

effect under the order. That rule

provided a 30-day comment period

which ended April 18, 1996. No

comments were received. A correction

document was issued on March 25,

1996, and published in the Federal

Register (61 FR 14013, March 29, 1996).

The document corrected amendatory

language number 2 of the interim final

rule.

This action is in accordance with

§ 925.52(a)(4) of the order. This section

authorizes the Secretary to fix the size,

capacity, weight, dimensions, markings,