Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2393

along Federal Boulevard to San Miguel

Avenue; then east along San Miguel

Avenue to Massachusetts Avenue; then

south along Massachusetts Avenue to

Canton Drive; then southeast along

Canton Drive to Skyline Drive; then

south along Skyline Drive to Jamacha

Road; then east along Jamacha Road to

County Highway S17; then south and

southwest along County Highway S17 to

Otay Lakes Road; then southeast along

Otay Lakes Road to H Street; then

southwest along H Street to Paseo Del

Rey; then south along Paseo Del Rey to

Telegraph Canyon Road; then northwest

along Telegraph Canyon Road to

Oleander Avenue; then south along

Oleander Avenue to East Naples Street;

then west along East Naples Street to

Naples Street; then west along Naples

Street to Industrial Boulevard; then

north along Industrial Boulevard to L

Street; then west along L Street to

Interstate Highway 5; then north along

Interstate Highway 5 to Harbor Drive;

then northwest along Harbor Drive to

32nd Street; then north along 32nd

Street to Wabash Boulevard; then

northeast along Wabash Boulevard to

State Highway 15; then north along

State Highway 15 to the point of

beginning.

* * * * *

Done in Washington, DC, this 22nd day of

January 1996.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 96–1414 Filed 1–25–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 999

[FV95–999–1FIR]

Specialty Crops; Import Regulations—

Exemption of Brine Dried Prunes From

Import Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, without change, the

provisions of an interim final rule

which exempted brine dried prunes

from import requirements by specifying

that brine dried prunes do not fall

within the definition of prunes in the

import regulation. This rule is

implemented in accordance with

section 8e of the Agricultural Marketing

Agreement Act of 1937. Section 8e

requires imports of prunes to meet the

same or comparable requirements as

those implemented under Federal

Marketing Order No. 993, regulating the

handling of dried prunes produced in

California. The Department has

determined that brine dried prunes are

different from those normally handled

by California prune handlers and that

such prunes shall not be subjected to

Section 8e import requirements.

EFFECTIVE DATE: February 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Valerie L. Emmer, Marketing Specialist,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, room 2523–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: 202–205–2829.

SUPPLEMENTARY INFORMATION: This rule

is issued under section 8e of the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674)

(Act). Section 8e provides that

whenever certain specified

commodities, including prunes, are

regulated under a Federal marketing

order, imports of those commodities

must meet the same or comparable

grade, size, quality, and maturity

requirements as those in effect for the

domestically produced commodities.

The Department is issuing this 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.

There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of import regulations issued

under section 8e of the Act.

Pursuant to the 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.

Import regulations issued under

section 8e of the Act are based on

regulations established under Federal

marketing orders for fresh fruits,

vegetables, and specialty crops, like

prunes. Thus, import regulations also

have small entity orientation and impact

both small and large business entities in

a manner comparable to rules issued

under such marketing orders.

There are approximately 10 importers

who may be affected by this final rule.

Small agricultural service firms, which

include importers of dried prunes, have

been defined by the Small Business

Administration (13 CFR 121.601) as

those whose annual receipts are less

than $5,000,000. A majority of the

importers may be classified as small

entities.

Prior to publication of the interim

final rule in the Federal Register on

November 24, 1995 (60 FR 57910),

sulfur-bleached prunes, commonly

known as silver prunes, and high

moisture plums were exempt from

import requirements. The interim final

rule added brine dried prunes as an

additional exemption under the import

regulation. This rule finalizes that

interim final rule.

Brine dried prunes are different in

form and character from those prunes

regulated under the order, and were

never intended to be subject to section

8e import requirements. Therefore, it is

appropriate that they be exempt from

the dried prune import regulation

specified in § 999.200. Brine dried

prunes are imported under International

Harmonized Tariff Schedule No.

0813.20.1000. All prunes now regulated

under the order are imported under

Harmonized Tariff Schedule No.

0813.20.2000.

To exempt brine dried prunes from

import regulation requirements, the

definition of ‘‘prunes’’ in paragraph

(a)(1) of § 999.200, was amended to add

brine dried prunes as an exclusion from

that definition. Brine dried prunes are

defined as prunes that have been

impregnated with brine or salt during

the dehydration process to the extent

that they have lost their form and

character as prunes and cannot be

reconstituted to permit economic use of

the individual fruits as prunes.

The change to the import regulation

was published in the Federal Register

as an interim final rule on November 24,

1995 (60 FR 57910). That rule provided

that interested persons could file

comments through December 26, 1995.

No comments were received.

In accordance with section 8e of the

Act, the United States Trade

Representative (USTR) has concurred

with the issuance of this rule.

Based on available information, the

Administrator of the AMS has

determined that the issuance of this rule

will not have a significant economic
2394 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

impact on a substantial number of small

entities.

The information collection

requirements contained in the

referenced section have been previously

approved by the Office of Management

and Budget (OMB) under the provisions

of 44 U.S.C. Chapter 35 and have been

assigned OMB number 0581–0099.

After consideration of all relevant

matters presented, it is hereby found

that the issuance of this rule will tend

to effectuate the declared policy of the

Act.

List of Subjects in 7 CFR Part 999

Dates, Filberts, Food grades and

standards, Imports, Nuts, Prunes,

Raisins, Reporting and recordkeeping

requirements, Walnuts.

For the reasons set forth in the

preamble, 7 CFR part 999 is amended to

read as follows:

PART 999—SPECIALTY CROPS;

IMPORT REGULATIONS

Accordingly, the interim final rule

amending 7 CFR Part 999 which was

published at 60 FR 57910 on November

24, 1995, is adopted as a final rule

without change.

Dated: January 22, 1996.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96–1296 Filed 1–25–96; 8:45 am]

BILLING CODE 3410–02–P

SMALL BUSINESS ADMINISTRATION

13 CFR Parts 101, 133, and 135

Administration, Index to Approved

SBA Reporting and Recordkeeping

Requirements, and Intergovernmental

Review of Small Business

Administration Programs and

Activities

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: In response to President

Clinton’s government-wide regulatory

reform directive, the Small Business

Administration completed a page-bypage and line-by-line review of all of its

existing regulations. As a result, SBA

now clarifies and streamlines its

regulations, revising or eliminating any

duplicative, outdated, inconsistent or

confusing provisions. This rule

reorganizes all of present Parts 101, 133,

and 135 and consolidates them into one

new rule. As part of this streamlining

process large portions of present Part

101 have been removed from the

regulations and will be published in the

Federal Register. Present Parts 133 and

135 are revised, updated and

consolidated with Part 101. Finally, the

remaining sections are rewritten into a

straightforward ‘‘plain English’’ style of

writing.

EFFECTIVE DATE: This rule is effective

February 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Cheri C. Wolff, Chief Counsel for

General Litigation; Office of General

Counsel, at (202) 205–6643.

SUPPLEMENTARY INFORMATION: On March

4, 1995, President Clinton issued a

Memorandum to Federal agencies

directing them to simplify their

regulations and eliminate those that are

unnecessary. In response to this

directive SBA completed a page-bypage, line-by-line review of all of its

existing regulations to determine which

should be revised or eliminated. This

rule revises, amends, reorganizes, and

consolidates all of present 13 CFR Parts

101, 133, and 135. This new

consolidated rule reorganizes Part 101

into four subparts and renumbers all

remaining sections to reflect this new

configuration.

Proposed changes to Parts 101, 133,

and 135 were published in the Federal

Register on November 24, 1995 (60 FR

57965). The public was invited to

comment during a thirty day comment

period. SBA received no comments

concerning this part during that time

period. Therefore, the following final

rule contains no changes to the

proposed rule, except minor

typographical ones.

For a detailed description of the

changes to each subpart and the new

organization of Part 101, please refer to

SBA’s proposed rules, published at 60

FR 57965 (November 24, 1995).

Compliance With Executive Orders

12612, 12778, and 12866, the

Regulatory Flexibility Act (5 U.S.C. 601,

et seq.), and the Paperwork Reduction

Act (44 U.S.C. 35)

SBA certifies that this rule will not

have a significant economic impact on

a substantial number of small entities

within the meaning of Executive Order

12866 or the Regulatory Flexibility Act,

5 U.S.C. 601, et seq. This rule

consolidates three Parts of SBA’s

current regulations, moves substantial

amounts of general organizational

information from SBA’s regulations to

other sources, and rewrites the

remaining provisions into plain English.

Contracting opportunities and financial

assistance for small business will not be

affected by this rule. Therefore, it is not

likely to have an annual economic effect

of $100 million or more, result in a

major increase in costs or prices, or have

a significant adverse effect on

competition or the United States

economy.

For purposes of the Paperwork

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

certifies that this final rule contains no

new reporting or record keeping

requirements. For purposes of Executive

Order 12612, SBA certifies that this rule

will not have any federalism

implications warranting the preparation

of a Federalism Assessment. For

purposes of Executive Order 12778,

SBA certifies that this rule is drafted, to

the extent practicable, in accordance

with the standards set forth in Section

2 of that Order.

List of Subjects

13 CFR Part 101

Administrative practice and

procedure; Authority delegations

(Government agencies); Investigations;

Organization and functions

(Government agencies); Reporting and

recordkeeping requirements.

13 CFR Part 133

Reporting and recordkeeping

requirements.

13 CFR Part 135

Intergovernmental relations.

For the reasons set forth above, and

under the authority of 15 U.S.C.

634(b)(6), SBA hereby amends 13 CFR

Chapter I as follows:

1. Part 101 is revised to read as

follows:

PART 101—ADMINISTRATION

Subpart A—Overview

101.100 What is the purpose of SBA?

101.101 Who manages SBA?

101.102 Where is SBA’s Headquarters

located?

101.103 Where are SBA’s field offices

located?

101.104 What are the functions of SBA’s

field offices?

101.105 Who may use SBA’s official seal

and for what purposes?

101.106 Does Federal law apply to SBA

programs and activities?

101.107 What SBA forms are authorized for

public use?

101.108 Has SBA waived any of the public

participation exemptions of the

Administrative Procedure Act?

101.109 Do SBA regulations include the

section headings?

Subpart B—Employment of Private Counsel

101.200 When does SBA hire private

counsel?

101.201 What are the minimum terms of

private counsel’s employment?