This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

33303

Vol. 61, No. 125

Thursday, June 27, 1996

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1464

RIN 0560–AE41

Tobacco—Tobacco Loan Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: This final rule clarifies the

regulations for price support loans for

tobacco to specify that a refund will be

due on ‘‘nested’’ tobacco whether or not

the producer knew the tobacco was

nested. This modification is intended to

insure that producers take responsibility

for, and are the insurers of, the quality

of the tobacco placed for price support

and that price support is limited to

normal, non-adulterated lots based on

true weights. This final rule adopts, the

proposed rule published in the Federal

Register on February 12, 1996.

EFFECTIVE DATE: June 27, 1996.

FOR FURTHER INFORMATION CONTACT:

David W. Anderson, Assistant to the

Director, Tobacco and Peanuts Division,

Farm Services Agency (FSA), United

States Department of Agriculture

(USDA) AG Code 0514, PO Box 2415,

Washington, DC., telephone (202) 690–

2518.

SUPPLEMENTARY INFORMATION

Executive Order 12866

This final rule has been determined to

be not significant for purposes of

Executive Order 12866 and therefore

has not been reviewed by the Office of

Management and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule since the

Commodity Credit Corporation (CCC) is

not required by 5 USC 553 or any other

provision of law to publish a notice of

proposed rulemaking with respect to the

subject matter of this rule.

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this rule applies are:

Commodity Loans and Purchases—

10.051.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on the quality of the human

environment. Therefore, neither an

environmental assessment nor

environment impact statement 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 the notice

related to 7 CFR part 3015, subpart V

published at 48 FR 2915 (June 24, 1983).

Executive Order 12778

This final rule has been reviewed in

accordance with Executive Order 12778.

The provisions of this final rule are not

retroactive and preempt State laws to

the extent that such laws are

inconsistent with the provisions of this

final rule. Before any legal action is

brought regarding determinations made

under provision of 7 CFR part 1464, the

administrative appeal provisions set

forth at 7 CFR part 780 must be

exhausted.

Paperwork Reduction Act

This final rule does not change the

information collection requirements that

have been approved by OMB and

assigned control number 0560–0058.

Background

Nested tobacco is tobacco in a lot

containing a ‘‘nest’’ of inferior tobacco

or foreign material, presumably, to

increase the payment or loan weight of

the lot. A formal definition of nesting is

found in regulations codified at 7 CFR

part 29 and that definition is

incorporated in the rules for the tobacco

price support program found at 7 CFR

part 1464.

In a proposed rule published on

February 12, 1996, it was proposed that

the regulations in part 1464 be clarified

to make explicit that a refund will be

due from support loan recipients on

individual nested lot in all cases of

nesting, whether the nesting was

‘‘knowingly’’ done or not by the loan

recipient. However, the proposal would

have allowed the FSA county

committee, with the concurrence of the

FSA State committee, to reduce the

amount of the refund demanded, in

accordance with guidelines of the FSA’s

Deputy Administrator for Farm

Programs. This allowance was proposed

to permit adjustments to avoid undue

hardship to producers. The proposal did

not adjust the terms under which a

producer could lose eligibility for loans

for an entire crop year due to nesting.

That loss could still require that a

violation be ‘‘knowingly’’ committed by

a loan recipient.

Discussion of Comments

Five public comments were received,

three in favor of the proposed rule and

two opposed. One of the negative

comments suggested that the grading of

tobacco was a subjective matter and that

a mistake on the part of the producer

could be construed to be nesting. The

other negative comment indicated that

with increased size of operations that

laborers might mix some tobacco, thus

causing nesting to take place and that

producers should be forgiven and not be

held as being the responsible party. The

other comments received supported the

proposed rule as written, with one

respondent suggesting that a penalty be

established only on the nest and that the

rate of penalty be higher than set out in

current regulations.

After consideration of all comments

received, CCC has determined that the

proposed rule which was published at

7 CFR part 1464 on February 12, 1996,

should be adopted as a final rule

without change. While some producers

may have more difficulty than others in

controlling their operations, it still is the

responsibility of the producer to make

grade on tobacco offered for prrice

support. The price support program is

not an insurance program. If a full

refund is not warranted, then an

accommodation can be considered

under the relief provisions of the rule.

The rule is not intended to serve as a

penalty, but only to insure that only
33304 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

marketable tobacco is offered for price

support and to insure that the amount

of support made available is not

excessive.

List of Subjects in 7 CFR Part 1464

Agriculture, Assessments, Loan

program, Price support program,

Tobacco, Warehouses.

Accordingly, 7 CFR Part 1464 is

amended as follows:

PART 1464—TOBACCO

1. The authority citation for part 1464

continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445,

1445–1 and 1445–2; 15 U.S.C. 714b, 714c.

2. Section 1464.8 is amended by

revising the introductory text to read as

follows:

§ 1464.8 Eligible tobacco.

Eligible tobacco for the purpose of

pledging such tobacco as collateral for a

price support loan is any tobacco of a

kind for which price support is

available, as provided in § 1464.2, that

is in sound and merchantable condition,

is not nested as defined in 7 CFR part

29, and:

* * * * *

3. Section 1464.9 is amended by

revising paragraph (a) to read as follows:

§ 1464.9 Refund of price support advance.

* * * * *

(a) Received a price support advance

on tobacco that was nested, as defined

in part 29 of this title or otherwise not

eligible for price support. The county

committee, with concurrence of a State

Committee Representative, may reduce

the refund with respect to tobacco

otherwise required in this part, in

accordance with guidelines issued by

the Deputy Administrator.

* * * * *

Signed at Washington, DC on June 20,

1996.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 96–16355 Filed 6–26–96; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1647–95]

RIN 1115–AE24

Priority Dates for Employment-Based

Petitions

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

Immigration and Naturalization Service

(Service) regulations by eliminating the

requirement that an application for

labor certification filed with a state

employment office before October 1,

1991, must be filed with the Service in

connection with a petition filed under

section 203(b) of the Immigration and

Nationality Act (Act) before October 1,

1993, in order to maintain a pre-October

1, 1991, priority date. This rule

implements section 218 of the

Immigration and Nationality Technical

Corrections Act of 1994 (INTCA), which

amended section 161(c)(1) of the

Immigration Act of 1990 (IMMACT).

This rule is necessary to implement a

statutory change.

EFFECTIVE DATE: June 27, 1996. Written

comments must be submitted on or

before August 26, 1996.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street NW, Room 5307,

Washington, DC 20536. To ensure

proper handling please reference INS

No. 1647–95 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Michael W. Straus, Senior

Adjudications Officer, Adjudications

Division, Immigration and

Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–3228.

SUPPLEMENTARY INFORMATION: On

November 29, 1991, the Service

published a final rule implementing the

new employment-based immigrant

categories created by the Immigration

Act of 1990 (IMMACT), Pub. L. 101–

649. See 56 FR 60897–913. The final

rule provided that the priority date for

an employment-based petition

accompanied by a labor certification

shall be the date on which any office

within the employment service system

of the Department of Labor accepted the

request for labor certification. See 8 CFR

204.5(d). A priority date determines

when an alien, who has had an

immigrant visa petition approved on his

or her behalf, may submit his or her

application for permanent resident

status or an immigrant visa.

Subsequent to the promulgation of the

November 29, 1991, regulation, the

President signed into law the

Miscellaneous and Technical

Immigration and Naturalization

Amendments of 1991 (MTINA), Pub. L.

102–232, dated December 12, 1991.

Section 302(e)(2) of the MTINA, which

amended section 161(c)(1) of IMMACT

addressed, among other things, the

transition of labor certifications filed

before October 1, 1991, into the new

employment-based immigrant visa

categories created by IMMACT. In this

regard, section 302(e)(2) of MTINA

provides that, in order to maintain the

priority date of a labor certification

application filed in connection with an

employment-based petition which was

submitted to a state employment office

before October 1, 1991, the employer

must file an employment-based petition

before October 1, 1993. Section 302(e)(2)

of MTINA further provides that if the

Department of Labor approves a preOctober 1, 1991, labor certification

application subsequent to October 1,

1993, the employer must file a petition

under section 203(b) of the Act within

60 days of the date of certification to

maintain the pre-October 1, 1991,

priority date.

To implement section 302(e)(2) of

MTINA, the Service issued an interim

rule with request for comments on

January 5, 1994, at 59 FR 501–502. This

interim rule provided that in the case of

labor certifications accepted for

processing by any office within the

employment service system of the

Department of Labor before October 1,

1991, the sponsoring employer must file

a petition under section 203(b) of the

Act before October 1, 1993, or within 60

days after the date of certification by the

Department of Labor, whichever is later,

in order to maintain the pre-October 1,

1991, priority date. On October 11,

1994, the Service issued a final rule

which adopted the interim rule as final.

See 59 FR 51358–60.

On October 25, 1994, the President

signed into law the Immigration and

Nationality Technical Corrections Act of

1994 (INTCA), Pub. L. 103–416. Section

218 of INTCA further amends section

161(c)(1) of IMMACT by removing the

reference to priority dates for preOctober 1, 1991, labor certifications.

This section effectively repealed section