32644 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Leona Dittus, Director, Emergency and

Noninsured Assistance Program

Division, FSA, USDA, AG Box 0526,

P.O. Box 2415, Washington, D.C. 20013–

2415, Telephone (202) 720–3168.

SUPPLEMENTARY INFORMATION:

Background

This rule redesignates the Emergency

Livestock Assistance Regulations from

Part 1475 to Part 1439 as part of an

overall agency effort to combine and

unify CCC regulations into easily

identifiable parts. No changes in the text

are being made.

List of Subjects in 7 CFR Parts 1439 and

1475

Eligibility requirements, emergency

assistance, and reporting and

recordkeeping requirements.

Accordingly, under the authority 7

U.S.C. 1427 and 1471 (i)–(j) and 15

U.S.C. 714(b) and 714(c), 7 CFR part

1475 is redesignated as 7 CFR part 1439

and all internal references to part 1475

are revised to reflect new part 1439

designations.

Signed at Washington, D.C. on June 17,

1996.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 96–16034 Filed 6–24–96; 8:45am]

BILLING CODE 3410–05–P

7 CFR Part 1485

RIN 0551–AA24

Agreements for the Development of

Foreign Markets for Agricultural

Commodities; Correction

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final regulations

which were published Wednesday,

February 1, 1995 (60 FR 6352). The

regulations implement the Market

Promotion Program authorized by the

section 203 of the Agricultural Trade

Act of 1978.

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Sharon L. McClure or Denise Fetters at

(202) 720–5521.

SUPPLEMENTARY INFORMATION:

Background

On February 1, 1995, the CCC

published final rules at 60 FR 6352

governing the MPP. These new rules

were applicable beginning with a

participant’s 1995 marketing year.

Following publication, CCC participated

with interested parties in five

information sessions designed to

familiarize participants with the new

regulations and offer participants an

additional opportunity to identify

problem areas. Several errors were

noted in these discussions while others

were identified by participants during

the course of the 1995 program year.

The errors are as follows: In the

preamble to the final rule, CCC

explained that it considered an expense

to be ‘‘incurred’’ as of the date a

participant or third party transfers funds

to pay for an expenditure. However, the

use of this term remains somewhat

confusing and, therefore, CCC is

replacing all occurrences of the word

‘‘incurred’’ with terms or phrases that

better reflect the intent of the

regulations. Section 1485.14(a) is

amended to refer to ‘‘maintaining’’

export markets in addition to

developing and expanding export

markets. The final rule erroneously

omitted a reference to a transfer being

made by a third party. The preamble to

the final rule states that such transfer

could be made either by the participant

or a third party. Section 1485.16(a)(2) is

amended to include reference to a

‘‘third party’’ transferring funds to pay

for the expenditure. The prohibition on

reimbursing costs for ‘‘travel in the

United States unless in transit to or from

a foreign country in which travel is not

restricted’’ found in § 1485.16(d)(27)

would be deleted from the final rule

because CCC does, in fact, allow

expenditures on travel associated with

trade shows, seminars, and educational

training conducted in the United States

as specified in § 1485.16(c)(25). CCC

inadvertently used incorrect

terminology in § 1485.20(a)(1). The

phrase ‘‘generally accepted principles

and standards of accounting’’ is

replaced with ‘‘generally accepted

accounting principles’’.

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 1485

Agricultural commodities, Exports.

Accordingly, 7 CFR Part 1485 is

corrected by making the following

correcting amendments:

PART 1485—AGREEMENTS FOR THE

DEVELOPMENT OF FOREIGN

MARKETS FOR AGRICULTURAL

COMMODITIES

1. The authority citation for part 1485

continues to read as follows:

Authority: 7 U.S.C. 5623, 5662–5664 and

sec. 1302, Pub. L. 103–66, 107 Stat. 330.

§ 1485.11 [Corrected]

2. In section 1485.11, paragraph (i),

the word ‘‘incurred’’ is revised to read

‘‘expenditure made by a participant’’.

3. In section 1485.11, paragraph (gg),

the phrase ‘‘cost incurred’’ is revised to

read ‘‘expenditure made’’.

§ 1485.13 [Corrected]

4. In section 1485.13, paragraph

(c)(1)(i), the phrase ‘‘Such costs will be

incurred as part’’ is revised to read

‘‘Expenditures will be made in

furtherance’’.

4A. In section 1485.13, paragraph

(c)(3)(i), the word ‘‘incurred’’ is revised

to read ‘‘expenditures made’’.

§ 1485.14 [Corrected]

5. In section 1485.14, paragraph (a), in

the first sentence, the word

‘‘maintaining’’ is added after the word

‘‘developing’’.

§ 1485.16 [Corrected]

6. In section 1485.16, paragraph (a)(2),

the phrase ‘‘or third party’’ is added

after the word ‘‘participant’’.

7. In section 1485.16, paragraph

(d)(27) is removed and reserved.

8. In section 1485.16, paragraph

(d)(29), the word ‘‘incurred’’ is revised

to read ‘‘made’’.

§ 1485.20 [Corrected]

9. In section 1485.20, paragraph (a)(1),

the phrase ‘‘generally accepted

principles and standards of accounting’’

is revised to read ‘‘generally accepted

accounting principles’’.

10. In section 1485.20, paragraph

(a)(3)(iii), the word ‘‘incurred’’ is

revised to read ‘‘made’’.

§ 1485.23 [Corrected]

11. In section 1485.23, paragraph

(a)(2), in the second sentence, the

phrase ‘‘incurred in’’ is revised to read

‘‘for’’.

Signed at Washington, DC, on June 14,

1996.

August Schummacher, Jr.,

Administrator, Foreign Agricultural Service

and Vice President, Commodity Credit

Corporation.

[FR Doc. 96–15969 Filed 6–24–96; 8:45 am]

BILLING CODE 3410–05–M
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32645

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency

7 CFR Part 2018

Statement of the Availability of

Information to the Public

AGENCIES: Rural Housing Service, Rural

Business-Cooperative Service, Rural

Utilities Service, and Farm Service

Agency, USDA.

ACTION: Final rule.

SUMMARY: The issuing agencies amend

the statement of availability of

information to the public. Agency

names, addresses, and some of the job

position titles in the field structure have

been changed to reflect the

reorganization of the United States

Department of Agriculture (USDA).

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Dorothy Hinden, Freedom of

Information Officer, Support Services

Division, Rural Development, Room

0162, South Agriculture Building, 14th

and Independence Avenue, S.W.,

Washington, DC 20250–1533,

Telephone (202) 720–9638.

SUPPLEMENTARY INFORMATION:

Classification

This action has been reviewed under

USDA procedures which implement

Executive Order 12886. The action is

exempt from the requirements of that

Executive Order because it involves

only internal agency management.

While it is USDA policy to publish for

comment rules relating to public

property, loans, grants, benefits, or

contracts notwithstanding the

exemption in 5 U.S.C. 553 with respect

to such rules, this action involves only

internal agency management. Therefore,

publication for comment is unnecessary.

Background

Former subpart F of part 2018 of Title

7 of the Code of Federal Regulations

dealt with the availability of

information to the public from Farmers

Home Administration (FmHA). FmHA

is no longer in existence. Hence, this

document removes references to FmHA

and replaces them with information to

reflect changes made by the Department

of Agriculture Reorganization Act of

1994. Due to the reorganization of

USDA, FmHA Farmer Programs are now

being administered as Farm Credit

Programs by the Farm Service Agency

(FSA). FmHA Rural Housing and

Community Facilities programs are

administered by the Rural Housing

Service (RHS), Water and Waste

programs are administered by the Rural

Utilities Service (RUS), and Business

and Industry programs are administered

by the Rural Business-Cooperative

Service (RBS). The affected agencies are

jointly issuing this final rule. The

following agencies all come under Rural

Development: RHS, RUS, and RBS.

List of Subjects in 7 CFR Part 2018

Administrative practice and

procedure, Freedom of information.

Accordingly, part 2018, chapter XVIII,

title 7, Code of Federal Regulations is

amended as follows:

PART 2018—GENERAL

1. The authority citation for part 2018

continues to read as follows:

Authority: 5 U.S.C. 552.

2. Subpart F of part 2018 is revised to

read as follows:

Subpart F—Availability of Information

Sec.

2018.251 General statement.

2018.252 Public inspection and copying.

2018.253 Indexes.

2018.254 Requests for records.

2018.255 Appeals.

2018.256–2018.300 [Reserved]

Subpart F—Availability of Information

§ 2018.251 General statement.

In keeping with the spirit of the

Freedom of Information Act (FOIA), the

policy of Rural Development and its

component agencies, Rural Housing

Service (RHS), Rural Utilities Service

(RUS), and Rural Business-Cooperative

Service (RBS), governing access to

information is one of nearly total

availability, limited only by the

countervailing policies recognized by

the FOIA.

§ 2018.252 Public inspection and copying.

Facilities for inspection and copying

are provided by the Freedom of

Information Officer (FOIO) in the

National Office, by the State Director in

each State Office, by the Rural

Development Manager (formerly,

District Director) in each District Office,

and by the Community Development

Manager (formerly, County Supervisor)

in each County Office. A person

requesting information may inspect

such materials and, upon payment of

applicable fees, obtain copies. Material

may be reviewed during regular

business hours. If any of the Rural

Development materials requested are

not located at the office to which the

request was made, the request will be

referred to the office where such

materials are available.

§ 2018.253 Indexes.

Since Rural Development does not

maintain any materials to which 5

U.S.C. 552(a)(2) applies, it maintains no

indexes.

§ 2018.254 Requests for records.

Requests for records are to be

submitted in accordance with 7 CFR 1.3

and may be made to the appropriate

Community Development Manager,

Rural Development Manager, State

Administrative Management Program

Director (formerly, State Administrative

Officer), State Director, Freedom of

Information/Privacy Act Specialist, or

Freedom of Information Officer. The last

two positions are located in the Rural

Development Support Services Division,

Washington, DC 20250. The phrase

‘‘FOIA REQUEST’’ should appear on the

outside of the envelope in capital

letters. The FOIA requests under the

Farm Credit Programs (formally FmHA

Farmer Programs) should be forwarded

to the Farm Service Agency (FSA),

Freedom of Information Officer, Room

3624, South Agriculture Building, 14th

& Independence Avenue, SW.,

Washington, DC 20250–0506. Requests

should be as specific as possible in

describing the records being requested.

The FOIO, Freedom of Information/

Privacy Act Specialist, each State

Administrative Management Program

Director, each State Director, each Rural

Development Manager, and each

Community Development Manager are

delegated authority to act respectively at

the national, state, district, or county

level on behalf of Rural Development to:

(a) Deny requests for records

determined to be exempt under one or

more provisions of 5 U.S.C. 552(b);

(b) Make discretionary releases

(unless prohibited by other authority) of

such records when it is determined that

the public interests in disclosure

outweigh the public and/or private ones

in withholding; and

(c) Reduce or waive fees to be charged

where determined to be appropriate.

§ 2018.255 Appeals.

If all or any part of an initial request

is denied, it may be appealed in

accordance with 7 CFR 1.7 to that

particular Agency possessing the

documents. Please select the

appropriate Agency to forward your

FOIA appeal from the following

addresses: Administrator, Rural Housing

Service, Room 5014, AG Box 0701, 14th

& Independence Avenue, S.W.—South

Building, Washington, DC 20250–0701;

Administrator, Rural Business-Cooperative
32646 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Service, Room 5045, AG Box 3201, 14th

& Independence Avenue, S.W.—South

Building, Washington, DC 20250–3201

and Administrator, Rural Utilities

Service, Room 4501, AG Box 1510, 14th

& Independence Avenue, SW.—South

Building, Washington, DC 20250–1510.

The phrase ‘‘FOIA APPEAL’’ should

appear on the front of the envelope in

capital letters.

§§ 18.256—2018.300 [Reserved]

Dated: June 10, 1996.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 96–15961 Filed 6–24–96; 8:45 am]

BILLING CODE 3410–07–P

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 95–093–2]

Pork and Pork Products From Mexico

Transiting the United States

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: This final rule allows fresh,

chilled, and frozen pork and pork

products from the Mexican State of

Yucatan to transit the United States,

under certain conditions, for export to

another country. Previously, we allowed

such pork and pork products only from

the Mexican States of Sonora and

Chihuahua to transit the United States

for export. Otherwise, fresh, chilled, or

frozen pork and pork products are

prohibited movement into the United

States from Mexico because of hog

cholera in Mexico. Yucatan, like Sonora

and Chihuahua, appears to be a low-risk

area for hog cholera, and we believe that

fresh, chilled, and frozen pork and pork

products from Yucatan could transit the

United States with minimal risk of

introducing hog cholera. This action

will facilitate trade.

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael David, Senior Staff

Veterinarian, Import/Export Animals,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 39,

Riverdale, MD 20737–1231, (301) 734–

5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals and animal products

into the United States to prevent the

introduction of certain animal diseases.

Section 94.9 of the regulations prohibits

the importation of pork and pork

products into the United States from

countries where hog cholera exists,

unless the pork or pork products have

been treated in one of several ways, all

of which involve heating or curing and

drying.

Because hog cholera exists in Mexico,

pork and pork products from Mexico

must meet the requirements of § 94.9 to

be imported into the United States.

However, under § 94.15, pork and pork

products that are from certain Mexican

States and that are not eligible for entry

into the United States in accordance

with the regulations may transit the

United States for immediate export if

certain conditions are met. Prior to the

effective date of this final rule, only

pork and pork products from Sonora

and Chihuahua, Mexico, were eligible to

transit the United States in accordance

with § 94.15.

On February 23, 1996, we published

in the Federal Register (61 FR 6955–

6956, Docket No. 95–093–1) a proposal

to amend the regulations by allowing

pork and pork products from the

Mexican State of Yucatan to transit the

United States for export under the same

conditions as pork and pork products

from Sonora and Chihuahua.

These conditions were set forth as

follows:

1. Any person wishing to transport

pork or pork products from Yucatan

through the United States for export

must first obtain a permit for

importation from the Animal and Plant

Health Inspection Service (APHIS).

2. The pork or pork products must be

sealed in Yucatan in a leakproof

container, with a serially numbered seal

approved by APHIS. The container must

remain sealed at all times while

transiting the United States.

3. The person moving the pork or

pork products through the United States

must inform the APHIS officer at the

U.S. port of arrival, in writing, of the

following information before the pork or

pork products arrive in the United

States: The times and dates that the pork

or pork products are expected at the

port of arrival in the United States, the

time schedule and route of the

shipments through the United States,

and the permit number and serial

numbers of the seals on the containers.

4. The pork or pork products must

transit the United States under Customs

bond.

5. The pork or pork products must be

exported from the United States within

the time period specified on the permit.

Any pork or pork products exceeding

the time limit specified on the permit or

transiting in violation of any of the

requirements of the permit or the

regulations may be destroyed or

otherwise disposed of at the discretion

of the Administrator, APHIS, pursuant

to section 2 of the Act of February 2,

1903, as amended (21 U.S.C. 111).

We solicited comments concerning

our proposal for 60 days ending April

23, 1996. We received one comment by

that date. The comment was from a

domestic pork industry group. The

commenter commended the efforts of

Mexican pork producers and the

Mexican Government in their hog

cholera eradication efforts, stated

support for the principles of

regionalization outlined in the proposed

rule, reemphasized the importance of

surveillance and control measures to

minimize the risk of transmitting hog

cholera to the U.S. swine population,

and discussed a related trade issue. The

commenter did not recommend any

clarification or changes to the proposed

rule.

Therefore, based on the rationale set

forth in the proposed rule, we are

adopting the provisions of the proposal

as a final rule without change.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the

provisions of 5 U.S.C. 553, may be made

effective less than 30 days after

publication in the Federal Register.

Immediate implementation of this rule

is necessary to provide relief to those

persons who are adversely affected by

restrictions no longer found to be

warranted. Therefore, the Administrator

of the Animal and Plant Health

Inspection Service has determined that

this rule should be effective upon

publication in the Federal Register.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This rule allows fresh, chilled, and

frozen pork and pork products from the

Mexican State of Yucatan to transit the

United States, under certain conditions,

for export to another country. It has

been determined that Yucatan is a lowrisk area for hog cholera and has the

veterinary infrastructure necessary to

monitor for the presence of the disease.

There appears to be little risk of hog

cholera exposure from shipments of

pork and pork products from Yucatan