Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32641

(4) Aircraft must be treated in

accordance with the Treatment Manual

no more than 1 hour before loading. The

approved pesticide should be held at a

45-degree angle toward the floor of the

aircraft to ensure full coverage at the

specified rate. Particular attention

should be paid to the ball mat area and

the holes around the main entrance. The

aircraft must then be aerated under

safeguard conditions for 15 minutes.

(5) Aircraft treatment records must be

maintained by the applicator

completing or supervising the treatment

for a period of 2 years. These records

must be provided upon request for

review by an inspector. Treatment

records shall include the pesticide used,

the date of application, the location

where the pesticide was applied (airport

and aircraft), the amount of pesticide

applied, and the name of the applicator.

(6) When ‘‘tail swapping’’ procedures

are implemented (replacement of a

designated aircraft with an alternate one

when mechanical or other problems

occur in the designated aircraft before

departure), the alternate aircraft must be

inspected and all Japanese beetles must

be removed. The aircraft must be

safeguarded by closing all openings and

hatches or by equipping the aircraft

with exclusionary devices until the

aircraft is ready for use. During loading,

all treatment and safeguard

requirements applicable to regularly

scheduled aircraft must be

implemented.

(7) Aircraft may be retreated in the

noninfested State if live Japanese beetles

are found.

(8) Notification of unscheduled

commercial flights and of all military

flights must be given at least 1 hour

before departure to the appropriate

person in the destination airport of any

of the States listed in § 301.48(b).

Notification of arriving military flights

should also be given to base

commanders to facilitate the entrance of

Federal and/or State inspectors onto the

base if necessary.

§ 301.48–5 [Amended]

7. Section 301.48–5 is amended by

removing the word ‘‘Deputy’’.

§ 301.48–6 [Amended]

8. Section 301.48–6 is amended by

removing the word ‘‘Deputy’’.

9. A new § 301.48–8 is added to read

as set forth below.

§ 301.48–8 Compliance agreements and

cancellation.

(a) Any person engaged in the

business of moving regulated articles

may enter into a compliance agreement

to facilitate the movement of such

articles under this subpart. Any person

who enters into a compliance

agreement, and employees or agents of

that person, must allow an inspector

access to all records regarding treatment

of aircraft and to all areas where

loading, unloading, and treatment of

aircraft occurs.

(b) A compliance agreement may be

canceled by an inspector, orally or in

writing, whenever he or she determines

that the person who has entered into the

compliance agreement has failed to

comply with the agreement or this

subpart. If the cancellation is oral, the

cancellation and the reasons for the

cancellation will be confirmed in

writing within 20 days of oral

notification. Any person whose

compliance agreement has been

canceled may appeal the decision, in

writing, to the Administrator within 10

days after receiving written notification

of the cancellation. The appeal must

state all of the facts and reasons upon

which the person relies to show that the

compliance agreement was wrongfully

canceled. A hearing will be held to

resolve any conflict as to any material

fact. The Administrator shall adopt

rules of practice for the hearing. An

appeal shall be granted or denied, in

writing, as promptly as circumstances

allow, and the reasons for the decision

shall be stated. The compliance

agreement will remain canceled

pending the decision on the appeal.

Done in Washington, DC, this 20th day of

June 1996.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16160 Filed 6–24–96; 8:45 am]

BILLING CODE 3410–34–P

Farm Service Agency

7 CFR Part 782

RIN 0560–AE37

End-Use Certificate Program

AGENCY: Farm Service Agency,

Agriculture.

ACTION: Final Rule.

SUMMARY: A proposed rule was

published on November 14, 1995, (60

FR 57198) with respect to the End-Use

Certificate Program. This final rule

adopts, with minor changes, the

provisions of the proposed rule.

Accordingly, this rule amends reporting

requirements, reporting deadlines, and

the required notification process in a

manner that increases program

effectiveness and efficiency for

government and affected industries by

requiring all grain handlers to provide

immediate notification to the buyer

when wheat being purchased or

handled is of Canadian origin. The

provisions of this regulation also

simplify the reporting burden placed on

importers, subsequent buyers, end

users, and exporters by extending

reporting deadlines from 10 workdays to

15 workdays, and by permitting the

computer generation and facsimile

transmission of required reporting

documentation.

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Helen Linden, Agricultural Service

Agency, P.O. Box 2415, Ag Box 0553,

Washington, DC 20013–2415;

Telephone (202) 690–4321.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final 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 (OMB).

Executive Order 12778

This final rule has been reviewed in

accordance with Executive Order 12778.

The provisions of this final rule do not

preempt State laws, are not retroactive,

and do not involve administrative

appeals.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will not have a significant impact

on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Analysis is

needed.

Executive Order 12372

This program/activity is not subject to

the provisions of Executive Order

12372, which requires

intergovernmental consultation with

State and local officials. See notice

related to 7 CFR part 3015, subpart V,

published at 48 FR 29115 (June 24,

1983).

Paperwork Reduction Act

This rule amends the reporting

requirements by extending reporting

deadlines and incorporating alternative

reporting methods. Since the effective

date of the End-Use Certificate Program,

the Farm Service Agency (FSA) has

determined that entities required to file

form FSA–750, End-Use Certificate for

Wheat, and form FSA–751, Wheat

Consumption and Resale Report, have

encountered some difficulty in meeting
32642 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

the requirement that these forms be filed

with the Kansas City Commodity Office

(KCCO) within 10 workdays following

the date of entry, or the date of resale,

as applicable. This rule increases the

amount of time to satisfy the reporting

requirements from 10 workdays

following the date of entry or resale to

15 workdays following the date of entry

or resale. This action provides increased

flexibility for entities that are required

to file such reports without decreasing

government efficiency in administering

the program. Additionally, FSA has

received numerous requests to permit

facsimile transmission and computer

generation of forms FSA–750 and FSA–

751. In an attempt to accommodate

technology that is currently available,

FSA will accept such report

submissions under the End-Use

Certificate Program. While all of the

entities that are required to file forms

FSA–750 and FSA–751 may potentially

be affected by these changes in reporting

requirements, no entities will be

adversely affected.

The changes in this rule do not affect

recordkeeping requirements.

The reporting requirements for FSA–

750 and FSA–751 were previously

approved by the Office of Management

and Budget (OMB) and assigned OMB

control number 0560–0151.

Regulatory Flexibility Act

The changes in this final rule are

intended to reduce the reporting burden

for all affected businesses, including

small businesses. Because these changes

will not have an adverse impact on a

substantial number of small businesses,

a Regulatory Flexibility Assessment is

not required.

Background

This final rule amends the regulations

at 7 CFR part 782 with respect to the

U.S. End-Use Certificate Program. Since

February 27, 1995, the effective date for

the implementation of the End-Use

Certificate Program, several items have

been identified that could improve the

effectiveness and the efficiency of the

End-Use Certificate Program.

The final rule published on January

26, 1995, at 60 FR 5087, did not include

a specific time requirement for

importers and subsequent buyers to

inform subsequent buyers or end users

that wheat being purchased is of

Canadian origin and is therefore subject

to these regulations. In some instances,

importers are delivering Canadian

wheat to subsequent buyers and end

users through grain handlers. FSA has

found that this method of transporting

Canadian wheat results in some grain

handlers acquiring title to a portion of

the wheat, thus becoming either a

subsequent buyer or an end user. The

general interpretation of existing

regulations by affected parties is that the

importer or subsequent buyer has 10

workdays to provide a copy of form

FSA–750, End-Use Certificate for

Wheat, to the subsequent buyer or

exporter, which mirrors the requirement

for submitting forms to KCCO. This

delay in notification has resulted in

situations where importers and

subsequent buyers have either

commingled Canadian wheat with U.S.

origin wheat or resold Canadian wheat

before they were informed that the

wheat was of Canadian origin.

Therefore, this rule amends the

regulations at 7 CFR part 782 to require

importers and subsequent buyers to

provide immediate notification to

purchasers and grain handlers when

wheat being sold is of Canadian origin.

Secondly, in an effort to simplify and

expedite the receipt of reports, this rule

extends the time requirements for filing

forms FSA–750, End-Use Certificate for

Wheat, and FSA–751, Wheat

Consumption and Resale Report, with

KCCO from 10 workdays to 15 workdays

following the date of entry or resale, and

incorporates provisions which will

permit the facsimile transmission and

computer generation of required forms.

Summary of Comments

Two timely responses were received

to the proposed rule published in the

Federal Register on November 14, 1995,

(60 FR 57198). While the two

respondents generally supported the

provisions contained in the proposed

rule, both provided additional

comments and recommendations.

The first respondent did not support

the proposed extension of the filing

deadline from 10 workdays to 15

workdays following the date of entry or

resale, while the second respondent

recommended that the filing deadlines

be extended to 30 workdays following

the date of entry or resale. Many

importers of Canadian-produced wheat

have experienced difficulty in meeting

the 10 workday filing deadline. Because

the extension of filing deadlines from 10

workdays to 15 workdays following the

date of entry or resale will ease the

reporting burden without negatively

impacting the effectiveness of the EndUse Certificate Program, the filing

deadlines have been extended from 10

workdays to 15 workdays following the

date of entry or resale, as proposed.

The second respondent commented

on five additional issues. Of these

issues, two were not responsive to the

proposed rule, and therefore, were not

considered in the development of this

final rule. The second respondent

recommended that FSA consider

establishing and publishing a specific

policy concerning shrink. No specific

policy has been established to address

the issue of shrink; each situation is

considered on a case-by-case basis to

determine if the percentage of

commodity loss is reasonable based on

the length of storage and the number of

times the wheat has been handled.

The second respondent also

commented that forms FSA–750 and

FSA–751 should be modified to reflect

quantities in bushels rather than net

metric tons. When wheat is imported

from Canada, the United States Customs

Service (Customs) agents at the border

crossing collect information concerning

the quantity imported on a metric ton

basis. Customs then forwards this

information to FSA for use in

determining compliance with the EndUse Certificate Program regulations. To

be consistent with the procedures used

by Customs, this rule maintains the

requirement that quantities reported on

forms FSA–750 and FSA–751 be on a

metric ton basis.

Finally, the second respondent

requested that FSA consider amending

the regulations to permit importers to

report Canadian wheat imports on the

basis of whole shipments or by contract

quantities, rather than by individual

truck or rail car. In developing these

regulations, FSA worked closely with

Customs to ensure that reporting

requirements established by FSA would

be consistent with the reporting

requirement used by Customs. Because

a portion of the information collected by

Customs is forwarded to FSA for use in

determining whether importers are

complying with these regulations, the

information collected by FSA must be

consistent with the information

collected by Customs. For this reason,

the final rule maintains the requirement

that quantities of wheat imported from

Canada must be reported on a ‘‘per

entry’’ basis as defined in this

regulation.

List of Subjects in 7 CFR Part 782

Administrative practice and

procedure, Reporting and recordkeeping

requirements, Wheat.

For the reasons set out in the

preamble, 7 CFR part 782 is amended as

follows:

PART 782—END–USE CERTIFICATE

PROGRAM

1. The authority citation for part 782

continues to read as follows:

Authority: 19 U.S.C. 3391(f).
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32643

2. In part 782 all references to

‘‘ASCS–750’’ are revised to read ‘‘FSA–

750.’’

3. In part 782 all references to

‘‘ASCS–751’’ are revised to read ‘‘FSA–

751.’’

4. Section 782.2 is amended by

adding the following definition in

alphabetical order:

§ 782.2 Definitions.

* * * * *

Grain handler means an entity other

than the importer, exporter, subsequent

buyer, or end user that handles wheat

on behalf of an importer, exporter,

subsequent buyer, or end user.

* * * * *

5. Section 782.4 is revised to read as

follows:

§ 782.4 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

The information collection

requirements in this part have been

approved by the Office of Management

and Budget and assigned OMB control

number 0560–0151.

6. Section 782.12 is amended by:

A. Removing the number ‘‘10’’ in the

first sentence of paragraph (a) and

adding the number ‘‘15’’ in its place,

B. Removing paragraph (a)(8),

C. Redesignating paragraphs (a)(9) and

(a)(10) as paragraph (a)(8) and (a)(9),

respectively,

D. Redesignating paragraphs (b), (c),

and (d) as paragraph (d), (e), (f),

respectively,

E. Adding new paragraphs (b) and (c)

and revising newly redesignated

paragraph (e) to read as follows:

§ 782.12 Filing FSA–750, End-Use

Certificate for Wheat.

* * * * *

(b) Importers may provide computer

generated form FSA–750, provided such

computer generated forms:

(1) Are approved in advance by

KCCO,

(2) Contain a KCCO-assigned serial

number, and

(3) Contain all of the information

required in paragraphs (a)(1) through

(a)(9).

(c) KCCO will accept form FSA–750

submitted through the following

methods:

(1) Mail service, including express

mail,

(2) Facsimile machine, and

(3) Other electronic transmissions,

provided such transmissions are

approved in advance by KCCO. The

importer remains responsible for

ensuring that electronically transmitted

forms are received in accordance with

paragraph (a).

* * * * *

(e) Distribution of form FSA–750 will

be as follows:

(1) If form FSA–750 is submitted to

KCCO in accordance with paragraph

(c)(1);

(i) The original shall be forwarded to

Kansas City Commodity Office,

Warehouse License and Contract

Division, P.O. Box 419205, Kansas City,

MO 64141–6205, by the importer,

(ii) One copy shall be retained by the

importer.

(2) If form FSA–750 is submitted to

KCCO in accordance with paragraphs

(c)(2) or (c)(3), the original form FSA–

750 that is signed and dated by the

importer in accordance with paragraph

(d) shall be maintained by the importer,

(3) The importer shall provide a

photocopy to the end user or, if the

wheat is purchased for purposes of

resale, the subsequent buyer(s).

* * * * *

7. Section 782.13 is amended by:

A. Redesignating paragraphs (b) and

(c) as paragraph (c) and (d), respectively,

and by removing the number ‘‘10’’ in

the new paragraph (d) and adding the

number ‘‘15’’ in its place,

B. Adding paragraph (b) to read as

follows:

§ 782.13 Importer responsibilities.

* * * * *

(b) Immediately notify each

subsequent buyer, grain handler, or end

user that the wheat being purchased or

handled originated in Canada and may

only be commingled with U.S.-

produced wheat by the end user or

when loaded onto a conveyance for

direct delivery to the end user or a

foreign country.

* * * * *

8. Section 782.15 is amended by:

A. Removing the number ‘‘10’’ in

paragraph (a)(1) and adding the number

‘‘15’’ in its place, and

B. Adding paragraphs (e), (f), and (g)

to read as follows:

§ 782.15 Filing FSA–751, Wheat

Consumption and Resale Report.

* * * * *

(e) Filers may provide computer

generated form FSA–751, provided such

computer generated forms:

(1) Are approved in advance by

KCCO, and

(2) Contain the information required

in paragraphs (b)(1) through (b)(9) of

this section.

(f) KCCO will accept form FSA–751

submitted through the following

methods:

(1) Mail service, including express

mail,

(2) Facsimile machine, and

(3) Other electronic transmissions,

provided such transmissions are

approved in advance by KCCO. The

importer, end user, exporter, or

subsequent buyer remains responsible

for ensuring that electronically

transmitted forms are received in

accordance with this section.

(g) Distribution of form FSA–751 will

be as follows:

(1) If form FSA–751 is submitted to

KCCO in accordance with paragraph

(f)(1) of this section:

(i) The original shall be forwarded to

Kansas City Commodity Office,

Warehouse License and Contract

Division, P.O. Box 419205, Kansas City,

MO 64141–6205, by the importer, end

user, exporter, or subsequent buyer.

(ii) One copy shall be retained by the

importer, end user, exporter, or

subsequent buyer.

(2) If form FSA–751 is submitted to

KCCO in accordance with paragraphs

(f)(2) or (f)(3) of this section, the original

form FSA–751 shall be maintained by

the importer, end user, exporter, or

subsequent buyer.

* * * * *

9. Section 782.17 is amended by:

A. Redesignating paragraph (b) as

paragraph (c), and

B. Adding a new paragraph (b) to read

as follows:

§ 782.17 Wheat purchased for resale.

* * * * *

(b) The importer or subsequent buyer

shall immediately notify each

subsequent buyer, grain handler,

exporter, or end user that the wheat

being purchased or handled originated

in Canada and may only be commingled

with U.S.-produced wheat by the end

user or when loaded onto a conveyance

for direct delivery to the end user or a

foreign country.

* * * * *

Signed at Washington, DC, on June 14,

1996.

Grant Buntrock,

Administrator, Farm Service Agency.

[FR Doc. 96–15850 Filed 6–24–96; 8:45 am]

BILLING CODE 3410–05–P

Commodity Credit Corporation

7 CFR Part 1439 and 1475

Redesignation of Emergency Livestock

Assistance Regulations

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: This final rule redesignates

the Emergency Livestock Assistance

Regulations from part 1475 to part 1439

as part of an overall agency effort to

reorganize chapter XIV of this title.