Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations 35595

telephone and telegraph, $6,000 for

repairs and maintenance agreements,

$10,400 for the audit fee, and $10,250

for the contingency reserve. Budgeted

expenses for these items in 1995–96

were $145,051, $138,856, $304,344,

$44,000, $148,000, $40,000, $5,000,

$110,000, $9,500, $44,360, $14,000,

$13,200, $15,000, $6,000, $10,400, and

$4,789, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

receipts and acquisitions of farmers’

stock peanuts. Farmers’ stock peanuts

received or acquired by non-signatory

handlers and farmers’ stock peanuts

received or acquired by handlers

signatory to the agreement, other than

from those described in §§ 998.31(c) and

(d), are subject to the assessments.

Assessments are due on the 15th of the

month following the month in which

the farmers’ stock peanuts are received

or acquired. Peanut shipments for the

year under the agreement are estimated

at 1,465,000 tons, which should provide

$1,025,500 in assessment income.

Approximately 95 percent of the

domestically produced peanut crop is

marketed by handlers who are signatory

to the agreement.

Public Law 101–220 amended section

608b of the Act to require that all

peanuts handled by persons who have

not entered into the agreement (nonsigners) be subject to quality and

inspection requirements to the same

extent and manner as are required under

the Agreement. Approximately 5

percent of the U.S. peanut crop is

marketed by non-signer handlers.

Public Law 103–66 (107 Stat. 312)

provides for mandatory assessment of

farmer’s stock peanuts acquired by nonsignatory peanut handlers. Under this

law, paragraph (b) of section 1001, of

the Agricultural Reconciliation Act of

1993, specifies that: (1) Any assessment

(except indemnification assessments)

imposed under the Agreement on

signatory handlers also shall apply to

non-signatory handlers, and (2) such

assessment shall be paid to the

Secretary.

While this action will impose some

additional costs on handlers, the costs

are in the form of uniform assessments

on all handlers signatory to the

agreement. Some of the additional costs

may be passed on to producers.

However, these costs will be

significantly offset by the benefits

derived from the operation of the

marketing agreement. This

administrative assessment is required by

law to be applied uniformly to all nonsignatory handlers and should be of

benefit to all. Therefore, the AMS has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities.

The assessment rates established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although these assessment rates are

effective for an indefinite period, the

Committee will continue to meet prior

to or during each crop year to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary. The

Committee’s 1996–97 budget and those

for subsequent crop years will be

reviewed and, as appropriate, approved

by the Department.

After consideration of all relevant

matter presented, including the

information and recommendation

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect and that good cause

exists for not postponing the effective

date of this action until 30 days after

publication in the Federal Register

because: (1) The Committee needs to

have sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) Public Law 103–66 requires

the Department to impose an

administrative assessment on peanuts

received or acquired for the account of

non-signatory handlers; (3) the 1996–97

crop year begins on July 1, 1996, and the

marketing agreement and Public Law

103–66 require that the rate of

assessment for each crop year apply to

all peanuts handled during such crop

year; (4) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting and is similar to other

assessment rate actions issued in past

years; and (5) this interim final rule

provides a 30-day comment period, and

all comments timely received will be

considered prior to finalization of this

rule.

List of Subjects

7 CFR Part 997

Food grades and standards, Peanuts,

Reporting and recordkeeping

requirements.

7 CFR Part 998

Marketing agreements, Peanuts,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR parts 997 and 998 are

amended as follows:

1. The authority citation for 7 CFR

parts 997 and 998 continues to read as

follows:

Authority: 7 U.S.C. 601–674.

Note: These amendments will appear in

the Code of Federal Regulations.

PART 997—[AMENDED]

2. In part 997, a new undesignated

center heading, Assessment Rates, and

§ 997.101 are added to read as follows:

Assessment Rates

§ 997.101 Assessment rate.

On and after July 1, 1996, an

administrative assessment rate of $0.70

per net ton of assessable farmers stock

peanuts received or acquired by each

non-signatory first handler is

established for peanuts.

PART 998—[AMENDED]

3. In part 998, a new undesignated

center heading, Assessment Rates, and

§ 998.409 are added to read as follows:

Subpart—Assessment Rates

§ 998.409 Assessment rate.

On and after July 1, 1996, an

administrative assessment rate of $0.70

per net ton of farmers’ stock peanuts

received or acquired other than from

those described in §§ 998.31 (c) and (d)

is established for handlers signatory to

the agreement. Assessments are due on

the 15th of the month following the

month in which the farmers’ stock

peanuts are received or acquired.

Dated: June 28, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–17196 Filed 7–5–96; 8:45 am]

BILLING CODE 3410–02–P
35596 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

7 CFR Part 1106

[DA–96–05]

Milk in the Southwest Plains Marketing

Area; Suspension of Certain

Provisions of the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Suspension of rule.

SUMMARY: This document suspends a

portion of the supply plant shipping

requirement and the touch-base

requirement of the Southwest Plains

Federal milk marketing order (Order

106) for the period of September 1996

through August 1998. The action was

requested by Kraft Foods, Inc. (Kraft),

which contends the suspension is

necessary to prevent the uneconomical

and inefficient movement of milk and to

ensure that producers historically

associated with the market will

continue to have their milk pooled

under Order 106.

EFFECTIVE DATE: September 1, 1996,

through August 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Nicholas Memoli, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090- 6456, (202) 690–1932.

SUPPLEMENTARY INFORMATION: Prior

document in this proceeding:

Notice of Proposed Suspension:

Issued April 9, 1996; published April

22, 1996 (61 FR 17588).

The Regulatory Flexibility Act (5

U.S.C. 601–612) requires the Agency to

examine the impact of a rule on small

entities. Pursuant to 5 U.S.C. 605(b), the

Agricultural Marketing Service has

certified that this rule will not have a

significant economic impact on a

substantial number of small entities.

This rule lessens the regulatory impact

of the order on certain milk handlers

and tends to ensure that dairy farmers

will continue to have their milk priced

under the order and thereby receive the

benefits that accrue from such pricing.

The Department is issuing this final

rule in conformance with Executive

Order 12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. This rule

will not preempt any state or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

the rule.

The Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), 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 provisions 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 from the order. A handler is

afforded the opportunity for a hearing

on the petition. After a 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 its principal place of business, has

jurisdiction in equity to review the

Secretary’s ruling on the petition,

provided a bill in equity is filed not

later than 20 days after the date of the

entry of the ruling.

This order of suspension is issued

pursuant to the provisions of the

Agricultural Marketing Agreement Act

and of the order regulating the handling

of milk in the Southwest Plains

marketing area.

Notice of proposed rulemaking was

published in the Federal Register on

April 22, 1996 (61 FR 17588) concerning

a proposed suspension of certain

provisions of the order. Interested

persons were afforded opportunity to

file written data, views and arguments

thereon. One comment supporting the

proposed suspension was received.

After consideration of all relevant

material, including the proposal in the

notice, the comment received, and other

available information, it is hereby found

and determined that for the period of

September 1996 through August 1998

the following provisions of the order do

not tend to effectuate the declared

policy of the Act:

In § 1106.6, the words ‘‘during the

month’’.

In § 1106.7(b)(1), beginning with the

words ‘‘of February through August’’

and continuing to the end of the

paragraph.

In § 1106.13, paragraph (d)(1) in its

entirety.

Statement of Consideration

This rule suspends the requirement

that producers ‘‘touch- base’’ at a pool

plant with at least one day’s production

during the month before their milk is

eligible for diversion to a nonpool plant.

By suspending the touch-base provision,

producer milk will not be required to be

delivered to pool plants before going to

unregulated manufacturing plants.

The suspension will allow a supply

plant that has been associated with the

Southwest Plains order during the

months of September 1995 through

January 1996 to qualify as a pool plant

without shipping any milk to a pool

distributing plant during the months of

September 1996 through August 1998.

Without the suspension, a supply plant

would be required to ship 50 percent of

its producer receipts to pool distributing

plants during the months of September

through January and 20 percent of its

producer receipts to pool distributing

plants during the months of February

through August to qualify as a pool

plant under the order.

According to Kraft’s letter requesting

the suspension, supplemental milk

supplies will not be needed to meet the

fluid needs of distributing plants. Kraft

anticipates that there will be an

adequate supply of direct-ship producer

milk located in the general area of

distributing plants available to meet the

Class I needs of the market.

Consequently, it states, there is no need

to require producers located some

distance from pool distributing plants to

touch-base when their milk can more

economically be diverted directly to

manufacturing plants in the production

area.

One comment letter was received in

support of the suspension request; none

were received in opposition to it. A

letter submitted by Associated Milk

Producers, Inc. (AMPI), Southern

Region, states that it supports

continuation of the proposed

suspension. AMPI agrees with Kraft that

more than sufficient supplies of local

milk are readily available to meet the

fluid needs of the market.

The suspension is found to be

necessary for the purpose of assuring

that producers’ milk will not have to be

moved in an uneconomic and inefficient

manner, and to assure that producers

whose milk has long been associated

with the Southwest Plains marketing

area will continue to benefit from

pooling and pricing under the order.

List of Subjects in 7 CFR Part 1106

Milk marketing orders.

For the reasons set forth in the

preamble, 7 CFR Part 1106 is amended

as follows:

PART 1106—MILK IN THE

SOUTHWEST PLAINS MARKETING

AREA

1. The authority citation for 7 CFR

Part 1106 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 1106.6 [Suspended in part]

2. In § 1106.6, the words, ‘‘during the

month’’ are suspended.
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations 35597

§ 1106.7 [Suspended in part]

3. In § 1106.7(b)(1), beginning with

the words ‘‘of February through August’’

and continuing until the end of the

paragraph are suspended.

§ 1106.13 [Suspended in part]

4. In § 1106.13, paragraph (d)(1) in its

entirety is suspended.

Dated: June 28, 1996.

Michael V. Dunn,

Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 96–17198 Filed 7–5–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1230

[Docket No. LS–96–001]

Pork Promotion, Research, and

Consumer Information Order—

Increase in Importer Assessments

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; Correction.

SUMMARY: The Agricultural Marketing

Service is correcting a final rule

published on June 4, 1996, 61 FR 29002

concerning the Pork Promotion,

Research, and Consumer Information

Order (Order).

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to the Pork Promotion,

Research, and Consumer Information

Act (Act) of 1985 (7 U.S.C. 4801–4819)

and the Order (7 CFR Part 1230) issued

thereunder, the final rule increased the

amount of the assessment per pound

due on imported pork and pork

products to reflect an increase in the

1995 five-market average price for

domestic barrows and gilts. This action

brought the equivalent market value of

the live animals from which such

imported pork and pork products were

derived in line with the market values

of domestic porcine animals. These

changes will facilitate the continued

collection of assessments on imported

porcine animals, pork, and pork

products.

Need for Correction

The final rule as published contains

an error in the chart listing the cents per

kilogram assessments for each of the 33

HTS numbers in the table listing

assessments for imported pork and pork

products. The proposed rule published

in the March 22, 1996, Federal Register

(61 FR 11777) listed the cents per

kilogram assessments correctly.

Correction of Publication

Accordingly, in FR Doc 96–13833,

published June 4, 1996, on page 28003,

in the second column, in § 1230.110,

paragraph (b) is corrected to read as

follows:

§ 1230.110 [Corrected]

* * * * *

(b) The following HTS categories of

imported pork and pork products are

subject to assessment at the rates

specified.

Pork and pork

products

Assessment

Cents/lb. Cents/kg.

0203.11.0000 .... .27 .595242

0203.12.1010 .... .27 .595242

0203.12.1020 .... .27 .595242

0203.12.9010 .... .27 .595242

0203.12.9020 .... .27 .595242

0203.19.2010 .... .31 .683426

0203.19.2090 .... .31 .683426

0203.19.4010 .... .27 .595242

0203.19.4090 .... .27 .595242

0203.21.0000 .... .27 .595242

0203.22.1000 .... .27 .595242

0203.22.9000 .... .27 .595242

0203.29.2000 .... .31 .683426

0203.29.4000 .... .27 .595242

0206.30.0000 .... .27 .595242

0206.41.0000 .... .27 .595242

0206.49.0000 .... .27 .595242

0210.11.0010 .... .27 .595242

0210.11.0020 .... .27 .595242

0210.12.0020 .... .27 .595242

0210.12.0040 .... .27 .595242

0210.19.0010 .... .31 .683426

0210.19.0090 .... .31 .683426

1601.00.2010 .... .37 .815702

1601.00.2090 .... .37 .815702

1602.41.2020 .... .41 .903886

1602.41.2040 .... .41 .903886

1602.41.9000 .... .27 .595242

1602.42.2020 .... .41 .903886

1602.42.2040 .... .41 .903886

1602.42.4000 .... .27 .595242

1602.49.2000 .... .37 .815702

1602.49.4000 .... .31 .683426

Dated: June 28, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–17199 Filed 7–5–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1692–95]

RIN 1115–AD92

Fees Assessed for Defaulted Payments

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations to increase the fee

imposed from $5.00 to $30.00 when a

check submitted to the Service in

payment of a fee is not honored by the

bank upon which it is drawn. The

purpose of this change is to enable the

Service to recoup the administrative

costs incurred in processing all returned

checks and other defaulted payments.

This action will result in the Service no

longer losing money as a result of bad

check activity.

EFFECTIVE DATE: August 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Allen H. Sinsheimer, Systems

Accountant, Debt Collection and Cash

Management Branch, Office of Financial

Management, Immigration and

Naturalization Service, 425 I Street,

NW., Room 6034, Washington, DC

20536, telephone (202) 616–7715.

SUPPLEMENTARY INFORMATION:

Introduction

Changes in the current regulation are

needed to make the bad check charge

consistent with the actual costs incurred

by the Service in processing returned

checks and other defaulted payments.

The current bad check charge is $5.00.

The Service has studied the costs

incurred by several Administrative

Centers attributable to the return of a

bad check from a financial institution.

The Administrative Center, Dallas and

the Administrative Center, Twin Cities

were asked to identify each action that

must be undertaken and quantify the

time and costs involved in processing a

bad check. Meaningful and reliable

accumulations of the time and expense

involved in the average costs of

processing each bad check have been

gathered by these centers since they

process a substantial number of

financial transactions each year. For

example, three employees at the

Administrative Center, Dallas each

spend 38 hours each month processing

bad checks. Over 900 bad checks are

processed each year at the

Administrative Center, Dallas. Data from