issue-1996-02-20•Federal Register final rules — 1996-02-20
Federal Register final rules — 1996-02-20
issue-1996-02-20Federal Register final rules — 1996-02-20Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-3681 Exemption of Records System Under the Privacy Act
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6315-6317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3681]
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[[Page 6316]]
DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 113-96]
Exemption of Records System Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice, Bureau of Prisons (BOP), is
exempting a Privacy Act system of records from subsections (c)(3) and
(4), (d), (e)(2), and (3), (e)(5) and (e)(8), (f), and (g) of the
Privacy Act, 5 U.S.C. 552a. This system of records is the BOP
``Telephone Activity Record System (JUSTICE/BOP-011).'' Information in
this system relates to inmate telephone activity and may include
information relating to official Federal investigations and matters of
law enforcement of the BOP pursuant to 18 U.S.C. 2510 et. seq., 3621,
4003, 4042, and 4082. The exemptions are necessary to protect third
party privacy and to avoid interference with law enforcement
activities, e.g., to preclude the disclosure of investigative
techniques, to prevent subjects of investigations from frustrating the
investigative process, and to more effectively ensure the safety,
security and good order of Federal correctional facilities.
EFFECTIVE DATE: February 20, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia E. Neely (202-616-0178).
SUPPLEMENTARY INFORMATION: On April 21, 1995 (60 FR 19871), a proposed
rule was published in the Federal Register with invitation to comment
by May 22, 1995. On May 26, 1995 (60 FR 27933), BOP extended the
comment period to June 26, 1995. BOP informally provided a further
extension of the comment period to the record subjects until July 26,
1995.
One comment was received from a record subject (an inmate) who
contended that the proposed exemption would violate privacy rights of
the record subjects. Although the basis for this contention is not
clear, it appears to be based upon the commenter's belief that the
exemptions are unnecessary since ``conversations are monitored now and
obviously this would deter anyone in his right mind from conducting
criminal activities over the phone while incarcerated.'' However, while
the monitoring of inmate telephone calls is successful in deterring
many inmates from using BOP telephones to conduct criminal activities
or violate BOP regulations, it nevertheless does not deter all inmates
or all cases. Therefore, these exemptions are essential for the reasons
stated in this final rule.
This order relates to individuals rather than small business
entities. Nevertheless, pursuant to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order
will not have a ``significant economic impact on a substantial number
of small entities.''
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedure, Freedom of Information Act,
Government in the Sunshine Act, and the Privacy Act.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by the Attorney General Order No. 793-
78, 28 CFR part 16 is amended as set forth below.
Dated: February 7, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.
PART 16--[AMENDED]
The authority for Part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g) and 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717 and 9701.
2. 28 CFR 16.97 is amended by adding and reserving paragraph (d)
and by adding paragraphs (e) and (f) to read as follows:
Sec. 16.97 Exemption of Federal Bureau of Prisons (BOP) Systems--
limited access.
* * * * *
(d) [Reserved]
(e) The following system of records is exempt from 5 U.S.C. 552a
(c) (3) and (4), (d), (e) (2) and (3), (e)(5) and (e)(8), (f) and (g):
Telephone Activity Record System (JUSTICE/BOP-011).
(f) These exemptions apply only to the extent that information in
this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2)
and/or (k)(2). Where compliance would not appear to interfere with or
adversely affect the law enforcement process, and/or where it may be
appropriate to permit individuals to contest the accuracy of the
information collected, the applicable exemption may be waived, either
partially or totally, by the BOP. Exemptions from the particular
subsections are justified for the following reasons:
(1) From subsection (c)(3) to the extent that this system of
records is exempt from subsection (d), and for such reasons as those
cited for subsection (d) in paragraph (f)(3) below.
(2) From subsection (c)(4) to the extent that exemption from
subsection (d) makes this exemption inapplicable.
(3) From the access provisions of subsection (d) because exemption
from this subsection is essential to prevent access of information by
record subjects that may invade third party privacy; frustrate the
investigative process; jeopardize the legitimate correctional interests
of safety, security, and good order to prison facilities; or otherwise
compromise, impede, or interfere with BOP or other law enforcement
agency activities.
(4) From the amendment provisions from subsection (d) because
amendment of the records may interfere with law enforcement operations
and would impose an impossible administrative burden by requiring that,
in addition to efforts to ensure accuracy so as to withstand possible
judicial scrutiny, it would require that law enforcement information be
continuously reexamined, even where the information may have been
collected from the record subject. Also, some of these records come
from other Federal criminal justice agencies or State, local and
foreign jurisdictions, or from Federal and State probation and judicial
offices, and it is administratively impossible to ensure that the
records comply with this provision.
(5) From subsection (e)(2) because the nature of criminal and other
investigative activities is such that vital information about an
individual can be obtained from other persons who are familiar with
such individual and his/her activities. In such investigations it is
not feasible to rely solely upon information furnished by the
individual concerning his/her own activities since it may result in
inaccurate information.
(6) From subsection (e)(3) because in view of BOP's operational
responsibilities, application of this provision to the collection of
information is inappropriate. Application of this provision could
provide the subject with substantial information which may in fact
impede the information gathering process or compromise an
investigation.
(7) From subsection (e)(5) because in the collection and
maintenance of information for law enforcement purposes, it is
impossible to determine in advance what information is accurate,
relevant, timely and complete. Material which may seem unrelated,
irrelevant or incomplete when collected may take on added meaning or
significance at a later date or as an investigation progresses. Also,
some of these records may come from other Federal, State, local and
foreign law
[[Page 6317]]
enforcement agencies, and from Federal and State probation and judicial
offices and it is administratively impossible to ensure that the
records comply with this provision. It would also require that law
enforcement information be continuously reexamined even where the
information may have been collected from the record subject.
(8) From subsection (e)(8) because the nature of BOP law
enforcement activities renders impractical the notice of compliance
with compulsory legal process. This requirement could present a serious
impediment to law enforcement such as revealing investigative
techniques or the existence of confidential investigations, jeopardize
the security of third parties, or otherwise compromise law enforcement
efforts.
(11) From subsections (f) and (g) to the extent that this system is
exempt from the access and amendment provisions of subsection (d).
[FR Doc. 96-3681 Filed 2-16-96; 8:45 am]
BILLING CODE 4410-05-M
Complete official Federal Register PDF
FR Doc. 96-3680 Exemption of Records System Under the Privacy Act
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6317-6318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3680]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 114-96]
Exemption of Records System Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice is exempting a Privacy Act system of
records from subsections (c) (3) and (4), (d), (e) (1), (2), and (3),
(e)(5) and (e)(8), and (g) of the Privacy Act, 5 U.S.C. 552a. This
system of records is the ``Bureau of Prisons, Office of Internal
Affairs Investigative Records, Justice/BOP-012.'' Information in this
system relates to official Federal investigations and law enforcement
matters of the Office of Internal Affairs (OIA) of the Federal Bureau
of Prisons (BOP), pursuant to the Inspector General Act of 1978, 5
U.S.C. App., as amended by the Inspector General Act amendments of
1988. The exemptions are necessary to avoid interference with the law
enforcement functions of the BOP. Specifically, the exemptions are
necessary to prevent subjects of investigations from frustrating the
investigatory process; to preclude the disclosure of investigative
techniques; to protect the identities and physical safety of
confidential informants and of law enforcement personnel; to ensure
OIA's ability to obtain information from information sources; to
protect the privacy of third parties; and to safeguard classified
information as required by Executive Order 12356.
EFFECTIVE DATE: February 20, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia E. Neely, 202-616-0178.
SUPPLEMENTARY INFORMATION: On August 29, 1995 (60 FR 44901), a proposed
rule with invitation to comment was published in the Federal Register.
One late comment was received in which the individual was under the
erroneous impression that the exemption of a Privacy Act system of
records is promulgated to protect the record from disclosure to third
parties. Subsection (b) of the Privacy Act already prohibits disclosure
to third parties, except as otherwise expressly authorized by that
subsection. As permitted by subsections (j) and (k) of the Privacy Act,
the proposed rule was promulgated to permit BOP, where necessary and
appropriate, to exempt itself from certain of the Act's provisions as
they apply to the record subject. The exemptions are essential for the
reasons stated in this final rule.
This order relates to individuals rather than small business
entities. Nevertheless, pursuant to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order
will not have ``a significant economic impact on a substantial number
of small entities.''
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedures, Courts, Freedom of
Information Act, Government in the Sunshine Act, and the Privacy Act.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78,
28 CFR part 16 is amended as set forth below.
Dated: February 7, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.
PART 16--[AMENDED]
1. The authority for Part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.
2. 28 CFR 16.97 is amended by adding paragraphs (g) and (h) to read
as follows:
Sec. 16.97 Exemption of the Federal Bureau of Prisons (BOP) Systems-
limited access.
* * * * *
(g) The following system of records is exempt pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4),
(d), (e) (1), (2), and (3), (e)(5) and (e)(8), and (g) of 5 U.S.C.
552a. In addition, the following system of records is exempt pursuant
to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections
(c)(3), (d), and (e)(1) of 5 U.S.C. 552a:
Bureau of Prisons, Office of Internal Affairs Investigative Records,
JUSTICE/BOP-012
(h) These exemptions apply only to the extent that information in
this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2),
(k)(1), and (k)(2). Where compliance would not appear to interfere with
or adversely affect the law enforcement process, and/or where it may be
appropriate to permit individuals to contest the accuracy of the
information collected, e.g., public source materials, the applicable
exemption may be waived, either partially or totally, by the Office of
Internal Affairs (OIA). Exemptions from the particular subsections are
justified for the following reasons:
(1) From subsection (c)(3) because release of disclosure accounting
could alert the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation to the existence of the
investigation and the fact that they are subjects of the investigation,
and reveal investigative interest by not only the OIA but also by the
recipient agency. Since release of such information to the subjects of
an investigation would provide them with significant information
concerning the nature of the investigation, release could result in
activities that would impede or compromise law enforcement such as: the
destruction of documentary evidence; improper influencing of witnesses;
endangerment of the physical safety of confidential sources, witnesses,
and law enforcement personnel; fabrication of testimony; and flight of
the subject from the area. In addition, release of disclosure
accounting could result in the release of properly classified
information which could compromise the national defense or disrupt
foreign policy.
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(3) From the access and amendment provisions of subsection (d)
because access to the records contained in this system of records could
provide the subject of an investigation with information concerning law
enforcement activities such as that relating to an actual or potential
criminal, civil or regulatory violation; the existence of an
investigation; the
[[Page 6318]]
nature and scope of the information and evidence obtained as to his
activities; the identity of confidential sources, witnesses, and law
enforcement personnel; and information that may enable the subject to
avoid detection or apprehension. Such disclosure would present a
serious impediment to effective law enforcement where they prevent the
successful completion of the investigation; endanger the physical
safety of confidential sources, witnesses, and law enforcement
personnel; and/or lead to the improper influencing of witnesses, the
destruction of evidence, or the fabrication of testimony. In addition,
granting access to such information could disclose security-sensitive
or confidential business information or information that would
constitute an unwarranted invasion of the personal privacy of third
parties. Finally, access to the records could result in the release of
properly classified information which could compromise the national
defense or disrupt foreign policy. Amendment of the records would
interfere with ongoing investigations and law enforcement activities
and impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because the application of this
provision could impair investigations and interfere with the law
enforcement responsibilities of the OIA for the following reasons:
(i) It is not possible to detect relevance or necessity of specific
information in the early stages of a civil, criminal or other law
enforcement investigation, case, or matter, including investigations in
which use is made of properly classified information. Relevance and
necessity are questions of judgment and timing, and it is only after
the information is evaluated that the relevance and necessity of such
information can be established.
(ii) During the course of any investigation, the OIA may obtain
information concerning actual or potential violations of laws other
than those within the scope of its jurisdiction. In the interest of
effective law enforcement, the OIA should retain this information as it
may aid in establishing patterns of criminal activity, and can provide
valuable leads for Federal and other law enforcement agencies.
(iii) In interviewing individuals or obtaining other forms of
evidence during an investigation, information may be supplied to an
investigator which relates to matters incidental to the primary purpose
of the investigation but which may relate also to matters under the
investigative jurisdiction of another agency. Such information cannot
readily be segregated.
(5) From subsection (e)(2) because, in some instances, the
application of this provision would present a serious impediment to law
enforcement for the following reasons:
(i) The subject of an investigation would be placed on notice as to
the existence of an investigation and would therefore be able to avoid
detection or apprehension, to improperly influence witnesses, to
destroy evidence, or to fabricate testimony.
(ii) In certain circumstances the subject of an investigation
cannot be required to provide information to investigators, and
information relating to a subject's illegal acts, violations of rules
of conduct, or any other misconduct must be obtained from other
sources.
(iii) In any investigation it is necessary to obtain evidence from
a variety of sources other than the subject of the investigation in
order to verify the evidence necessary for successful litigation.
(6) From subsection (e)(3) because the application of this
provision would provide the subject of an investigation with
substantial information which could impede or compromise the
investigation. Providing such notice to a subject of an investigation
could interfere with an undercover investigation by revealing its
existence, and could endanger the physical safety of confidential
sources, witnesses, and investigators by revealing their identities.
(7) From subsection (e)(5) because the application of this
provision would prevent the collection of any data not shown to be
accurate, relevant, timely, and complete at the moment it is collected.
In the collection of information for law enforcement purposes, it is
impossible to determine in advance what information is accurate,
relevant, timely, and complete. Material which may seem unrelated,
irrelevant, or incomplete when collected may take on added meaning or
significance as an investigation progresses. The restrictions of this
provision could interfere with the preparation of a complete
investigation report, and thereby impede effective law enforcement.
(8) From subsection (e)(8) because the application of this
provision could prematurely reveal an ongoing criminal investigation to
the subject of the investigation, and could reveal investigation
techniques, procedures, and/or evidence.
(9) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d) pursuant to
subsections (j)(2), (k)(1), and (k)(2) of the Privacy Act.
[FR Doc. 96-3680 Filed 2-16-96; 8:45 am]
BILLING CODE 4410-05-M
Complete official Federal Register PDF
FR Doc. 96-3679 Exemption of Records System Under the Privacy Act
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6318-6319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3679]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 115-96]
Exemption of Records System Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice, Bureau of Prisons (BOP), is
exempting a Privacy Act system of records from the following
subsections of the Privacy Act: (c)(3) and (4), (d), (e) (1), (2) and
(3), (e)(5) and (e)(8), and (g) of the Privacy Act, 5 U.S.C. 552a. This
system of records is the ``Access Control Entry/Exit System (JUSTICE/
BOP-010).''
The exemptions are necessary to preclude the compromise of
institution security, to ensure the safety of inmates, Bureau personnel
and the public, to protect third party privacy, to protect law
enforcement and investigatory information, and/or to otherwise ensure
the effective performance of the Bureau's law enforcement functions.
EFFECTIVE DATE: February 20, 1996.
FOR FURTHER INFORMATION CONTACT:
Patricia E. Neely (202) 616-0178.
SUPPLEMENTARY INFORMATION: On October 4, 1995 (60 FR 51962), a proposed
rule with invitation to comment was published in the Federal Register.
No comments were received.
This Order relates to individuals rather than small business
entities. Nevertheless, pursuant to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, this order will not have a
significant economic impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedure, Freedom of Information Act,
Government in the Sunshine Act, and the Privacy Act.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78,
28 CFR part 16 is amended as set forth below.
[[Page 6319]]
Dated: February 7, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.
PART 16--[AMENDED]
1. The authority citation for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g) and 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717 and 9701.
2. 28 CFR 16.97 is amended by redesignating paragraph (c) as
paragraph (i), by revising the first sentence of newly-redesignated
paragraph (i), and by adding paragraphs (c) and (d) to read as follows:
Sec. 16.97 Exemption of Federal Bureau of Prisons (BOP) Systems--
limited access.
* * * * *
(c) The following system of records is exempted pursuant to 5
U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and
(3), (e)(5) and (e)(8), and (g). In addition, the following system of
records is exempted pursuant to 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), and (e)(1):
Bureau of Prisons Access Control Entry/Exit, (JUSTICE/BOP-010).
(d) These exemptions apply only to the extent that information in
these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2)
or (k)(2). Where compliance would not appear to interfere with or
adversely affect the law enforcement process, and/or where it may be
appropriate to permit individuals to contest the accuracy of the
information collected, e.g. public source materials, or those supplied
by third parties, the applicable exemption may be waived, either
partially or totally, by the BOP. Exemptions from the particular
subsections are justified for the following reasons:
(1) From subsection (c)(3) for similar reasons as those enumerated
in paragraph (3).
(2) From subsection (c)(4) to the extent that exemption from
subsection (d) will make notification of corrections or notations of
disputes inapplicable.
(3) From the access provisions of subsection (d) to the extent that
exemption from this subsection may appear to be necessary to prevent
access by record subjects to information that may jeopardize the
legitimate correctional interests of safety, security, and good order
of Bureau of Prisons facilities; to protect the privacy of third
parties; and to protect access to relevant information received from
third parties, such as other Federal State, local and foreign law
enforcement agencies, Federal and State probation and judicial offices,
the disclosure of which may permit a record subject to evade
apprehension, prosecution, etc.; and/or to otherwise protect
investigatory or law enforcement information, whether received from
other third parties, or whether developed internally by the BOP.
(4) From the amendment provisions of subsection (d) because
amendment of the records would interfere with law enforcement
operations and impose an impossible administrative burden. In addition
to efforts to ensure accuracy so as to withstand possible judicial
scrutiny, it would require that law enforcement and investigatory
information be continuously reexamined, even where the information may
have been collected from the record subject. Also, where records are
provided by other Federal criminal justice agencies or other State,
local and foreign jurisdictions, it may be administratively impossible
to ensure compliance with this provision.
(5) From subsection (e)(1) to the extent that the BOP may collect
information that may be relevant to the law enforcement operations of
other agencies. In the interests of overall, effective law enforcement,
such information should be retained and made available to those
agencies with relevant responsibilities.
(6) From subsection (e)(2) because primary collection of
information directly from the record subject is often highly
impractical, inappropriate and could result in inaccurate information.
(7) From subsection (e)(3) because compliance with this subsection
may impede the collection of information that may be valuable to law
enforcement interests.
(8) From subsection (e)(5) because in the collection and
maintenance of information for law enforcement purposes, it is
impossible to determine in advance what information is accurate,
relevant, timely and complete. Data which may seem unrelated,
irrelevant or incomplete when collected may take on added meaning or
significance as an investigation progresses or with the passage of
time, and could be relevant to future law enforcement decisions.
(9) From subsection (e)(8) because the nature of BOP law
enforcement activities renders notice of compliance with compulsory
legal process impractical and could seriously jeopardize institution
security and personal safety and/or impede overall law enforcement
efforts.
(10) From subsection (g) to the extent that the system is exempted
from subsection (d).
* * * * *
(i) Consistent with the legislative purpose of the Privacy Act of
1974 (Pub. L. 93-579) the BOP has initiated a procedure whereby federal
inmates in custody may gain access and review their individual prison
files maintained at the institution of incarceration. * * *
[FR Doc. 96-3679 Filed 2-16-96; 8:45 am]
BILLING CODE 4410-05-M
Complete official Federal Register PDF
FR Doc. 96-3628 Fishermen's Contingency Fund; Simplification of Regulations
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6322-6323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3628]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 296
[Docket No. 951207292-5292-1; I.D. 102595A]
RIN 0648-AI55
Fishermen's Contingency Fund; Simplification of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS amends the Fishermen's Contingency Fund (FCF) regulations
for purposes of clarification and simplification in accordance with the
President's Regulatory Reform Initiative.
EFFECTIVE DATE: February 20, 1996.
ADDRESSES: Michael L. Grable, Chief, Financial Services Division,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Charles L. Cooper, Program Leader,
301-713-2396.
SUPPLEMENTARY INFORMATION: Title IV of the Outer Continental Shelf
Lands Act Amendments (43 U.S.C. 1841 et seq.) established the FCF to
compensate commercial fishermen for property or economic loss caused by
oil and gas activities on the U.S. Outer Continental Shelf. The FCF
comprises assessments collected from offshore energy interests.
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory Reform
Initiative. This initiative is part of the National Performance Review
and calls for immediate, comprehensive regulatory reform. The President
directed all agencies to undertake an exhaustive review of all their
regulations with an emphasis on eliminating or modifying those that are
obsolete or otherwise in need of reform. In response to this
initiative, FCF regulations were reviewed to determine how they could
be reformed. This rule implements the results of that review by making
several changes to the FCF regulations. Regulatory provisions that do
not facilitate accurate and expeditious adjustment of claims as well as
those that impose unnecessary burdens upon claimants have been dropped.
Program addresses and phone numbers have been updated. Program
procedures have been streamlined by dropping regulatory provisions that
stated that the amounts awarded in an initial determination would be
disbursed only after the claimant (1) stated in writing that he/she
would not appeal the initial determination, (2) signed an agreement to
repay any subsequent reduction of the award, and (3) signed an
agreement assigning his/her rights against those causing the casualty
to NMFS. NMFS will incorporate agreements (2) and (3) into the
application, thereby expediting the payment of claims. The claimant's
right to appeal the initial determination within 30 days is preserved
in the regulations, whether the amount awarded has been disbursed or
not.
Classification
Because this rule only simplifies existing regulations without
making any substantive changes, no useful purpose would be served by
providing prior notice and opportunity for comment on this rule.
Accordingly, under 5 U.S.C. 553(b)(B), it is unnecessary to provide
such notice and opportunity for comment. Also, because this rule is
only administrative in nature and is not a substantive rule it is not
subject to the 30-day delay in effective date provision of 5 U.S.C.
533(d). As such, this rule is effective upon publication.
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 296
Claims, Continental shelf, Fisheries, Fishing vessels, Oil and gas
exploration, Reporting and recordkeeping requirements.
Dated: February 12, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 296 is amended
as follows:
PART 296--FISHERMEN'S CONTINGENCY FUND
1. The authority citation for part 296 continues to read as
follows:
Authority: Public Law 97-212 (43 U.S.C. 1841 et seq.).
2. Section 296.2 is amended in the definition for ``Area affected
by Outer Continental Shelf activities'' by redesignating paragraphs (a)
and (b) as paragraphs (1) and (2), respectively; in the definition for
``Negligence or fault'' by redesignating paragraphs (a) through (e) as
paragraphs (1) through (5), respectively; and by revising the
definition for ``Chief, FSD'' to read as follows:
Sec. 296.2 Definitions.
* * * * *
Chief, FSD means Chief, Financial Services Division, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910; telephone: (301) 713-2396.
* * * * *
Sec. 296.4 [Amended]
3. In Sec. 296.4, paragraphs (c) and (d) are removed, and paragraph
(e) is redesignated as paragraph (c).
4. In Sec. 296.5, paragraph (a)(3) is removed and paragraph (a)(4)
is redesignated as paragraph (a)(3); in paragraph (e)(6)(ii) the word
``hauled'' is removed and the word ``deployed'' is added in its place;
and paragraph (a)(2) is amended by removing the phrase ``The fifteen-
day report must be made to one of the following NMFS Offices:'' and the
list that follows it and adding the following sentence in its place:
Sec. 296.5 Instructions for filing claims.
(a) * * *
(2) * * * The fifteen-day report must be made to the Chief,
Financial Services Division, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396.
* * * * *
Sec. 296.6 [Amended]
5. In Sec. 296.6, in paragraph (b)(1), the phrase ``Convert the
casualty coordinates into latitude and longitude,'' is removed and the
word ``plot'' is capitalized.
6. Section 296.13 is revised to read as follows:
Sec. 296.13 Payment of award for claim.
(a) Upon an initial determination, the Chief, Financial Services
Division, shall immediately disburse the claim awarded if the claimant
signed as part of his/her application a statement
[[Page 6323]]
agreeing to repay all or any part of the award if the award should for
any reason be subsequently reduced.
(b) [Reserved]
7. In Sec. 296.14, paragraph (a) introductory text is revised to
read as follows:
Sec. 296.14 Subrogation.
(a) The claim application will contain a subrogation statement
signed by the claimant as a condition of payment of the claim which:
* * * * *
[FR Doc. 96-3628 Filed 2-16-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-3626 Groundfish of the Bering Sea and Aleutian Area; Atka Mackerel in the Eastern Aleutian District and the Bering Sea Subarea
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Page 6323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3626]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 675
[Docket No. 960129019-6019-01; I.D. 021396A]
Groundfish of the Bering Sea and Aleutian Area; Atka Mackerel in
the Eastern Aleutian District and the Bering Sea Subarea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the directed fishery for Atka mackerel in the
Eastern Aleutian District and Bering Sea subarea of the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
prevent exceeding the specification of Atka mackerel in these areas.
EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), February 14, 1996,
until 12 midnight, A.l.t., December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive
economic zone is managed by NMFS according to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMP) prepared by the North Pacific Fishery Management Council
under authority of the Magnuson Fishery Conservation and Management
Act. Fishing by U.S. vessels is governed by regulations implementing
the FMP at 50 CFR parts 620 and 675.
In accordance with Sec. 675.20(a)(7)(ii), the Final 1996 Harvest
Specifications of Groundfish (61 FR 4311, February 5, 1996) for the
BSAI established 22,695 metric tons (mt) as the initial total allowable
catch of Atka mackerel for the Eastern Aleutian District and the Bering
Sea subarea.
The Director, Alaska Region, NMFS (Regional Director), has
determined, in accordance with Sec. 675.20(a)(8), that the Atka
mackerel initial total allowable catch in the Eastern Aleutian District
and Bering Sea subarea soon will be reached. Therefore, the Regional
Director has established a directed fishing allowance of 21,695 mt
after determining that 1,000 mt will be taken as incidental catch in
directed fishing for other species in the Eastern Aleutian District and
Bering Sea subarea. NMFS is prohibiting directed fishing for Atka
mackerel in the Eastern Aleutian District and the Bering Sea subarea to
prevent exceeding the directed fishing allowance.
Maximum retainable bycatch amounts for applicable gear types may be
found in the regulations at Sec. 675.20(h).
Classification
This action is taken under Sec. 675.20 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 13, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-3626 Filed 2-13-96; 4:27 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-3609 Raisins Produced From Grapes Grown In California; Reduction in the Production Cap for the 1996 Raisin Diversion Program for Natural (sun-dried) Seedless Raisins
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6307-6309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3609]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 989
[FV95-989-5FIR]
Raisins Produced From Grapes Grown In California; Reduction in
the Production Cap for the 1996 Raisin Diversion Program for Natural
(sun-dried) Seedless Raisins
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 reduced the production cap for the 1996 Raisin Diversion Program
(RDP) for Natural (sun-dried) Seedless raisins. The production cap,
which limits the amount of raisin tonnage per acre for which an RDP
participant can receive credit, was reduced from 2.75 tons per acre to
2.2 tons per acre for this program. This reduction is intended to bring
the production cap for 1996 in line with 1995 production per acre,
which was approximately 20 percent smaller than the 1994 crop yield per
acre.
EFFECTIVE DATE: March 21, 1996.
FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, Marketing
Specialist, California Marketing Field Office, Fruit and Vegetable
Division, AMS, USDA, 2202 Monterey Street, suite 102B, Fresno,
California 93721; telephone: 209-487-5901 or Mark A. Slupek, Marketing
Specialist, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-
6456; telephone: 202-205-2830.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement and Order No. 989 (7 CFR part 989), both as amended,
regulating the handling of raisins produced from grapes grown in
California, hereinafter referred to as the ``order.'' The order is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
The Department of Agriculture (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.
The Act 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 provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and requesting a modification of the order or to be exempt
therefrom. Such handler is afforded the opportunity for a hearing on
the petition. After the 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 his/her
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.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this action 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. Thus, both statutes have small
entity orientation and compatibility.
[[Page 6308]]
There are approximately 20 handlers of California raisins who are
subject to regulation under the raisin marketing order, and
approximately 4,500 producers in the production area. Small
agricultural service firms have been defined by the Small Business
Administration (13 CFR 121.601) as those whose annual receipts (from
all sources) are less than $5,000,000, and small agricultural producers
are defined as those having annual receipts of less than $500,000. No
more than eight handlers, and a majority of producers, of California
raisins may be classified as small entities. Twelve of the 20 handlers
subject to regulation have annual sales estimated to be at least
$5,000,000, and the remaining eight handlers have sales less than
$5,000,000, excluding receipts from any other sources.
This rule finalizes the establishment of a production cap of 2.2
tons per acre for the 1996 RDP. This action was unanimously recommended
by the Raisin Administrative Committee (Committee), the body which
locally administers the order.
The interim final rule being finalized was issued on December 26,
1995, and published in the Federal Register (61 FR 100, January 3,
1996), with an effective date of January 3, 1996. That rule added a new
paragraph (t) to Sec. 989.156 of the rules and regulations in effect
under the order. That rule provided a 15-day comment period which ended
January 18, 1996. No comments were received.
The authority for the RDP and implementing rules and regulations
are specified in Sec. 989.56 and 989.156, respectively. The purpose of
the RDP is to give producers the means to voluntarily reduce their
raisin production. Each approved producer who has removed grapes in
accordance with rules and regulations receives a diversion certificate
from the Committee. Such certificates represent reserve tonnage raisins
equal to the amount of raisins diverted. That is, the certificates
represent the amount of grape acreage removed from production (for RDP
purposes) multiplied by the producer's previous crop year yield in tons
per acre, or multiplied by the production cap if the previous year's
actual yield exceeds the cap.
These certificates may be submitted by producers only to handlers.
The handler pays the producer for the free tonnage applicable to the
diversion certificate minus the established harvest cost for the entire
tonnage shown on the certificate. Factors reviewed by the Committee in
determining allowable harvest costs are specified in
Sec. 989.156(a)(1).
Any handler holding diversion certificates may redeem such
certificates with the Committee for reserve pool raisins. To redeem a
certificate, the handler must present the certificate to the Committee
and pay the Committee an amount equal to the established harvest costs
plus an amount equal to the payment for receiving, storing, fumigating,
handling, and inspecting reserve tonnage raisins specified in
Sec. 989.401 for the entire tonnage represented on the certificate.
The marketing order requires the Committee to meet on or before
November 30 of each crop year to review production data, supply data,
demand data, inventory, and other matters relating to the quantity of
raisins available to or needed by the market. If the Committee decides
that the current crop year's reserve pool has more than enough raisins
to meet projected market needs, it can announce the amount of such
excess eligible for diversion during the subsequent crop year. The
administrative rules and regulations established under the order
require that such announcement be made on or before November 30 of each
year.
A production cap of 2.75 tons of raisins per acre is established
under the order for any production unit of a producer approved for
participation in an RDP. When the diversion tonnage is announced, the
Committee may recommend, subject to the approval of the Secretary, that
the production cap for that RDP be less than 2.75 tons per acre. The
production cap limits the yield that a producer can claim and is
designed to allow most high yield producers to participate in an RDP.
When the cap was added to the marketing order in 1989, only 8 percent
of raisin producers exceeded the 2.75 tons per acre yield. Producers
who historically produce yields above the production cap can choose to
produce a crop rather than participate in a diversion program. No
producer is required to participate in an RDP.
A producer who wants to participate in an RDP must apply to the
Committee. The producer must specify, among other things, the raisin
production and the acreage covered by the application. The Committee
verifies producers' production claims using handler acquisition reports
and other available information. However, a producer could misrepresent
production by claiming that some raisins produced on one ranch were
produced on another, and use an inflated yield on the RDP application.
Thus, the production cap limits the amount of raisins for which a
producer participating in an RDP may be credited, and protects the
program from overstated production yields.
For example, a producer whose actual yield was 2.5 tons per acre
might claim that the yield was 3.5 tons per acre on the RDP
application. The current production cap would allow that producer to
receive a diversion certificate for 2.75 tons per acre, which is 0.25
tons above the actual yield but far less than the 1.0 ton which would
have been improperly credited if the diversion certificate had been
based on a yield of 3.5 tons per acre. The production cap reduces the
amount of inflated tonnage which could be improperly credited and
allows more producers to participate. When the production cap is more
in line with the actual yield per acre, the total quantity of raisins
available under the RDP can be allocated to more applicants. A producer
who actually produced 3.5 tons per acre might decide to produce a
raisin crop rather than apply for the RDP and be subject to the
production cap.
The Committee met on November 27, 1995, and reviewed data relating
to the quantity of reserve pool raisins and anticipated market needs.
The Committee decided that the 1995-96 reserve pool had more raisins
than necessary to meet projected market needs and announced that 20,000
tons of Natural (sun-dried) Seedless raisins would be eligible for
diversion under the 1996 RDP.
The 20,000 ton maximum eligible level was determined to be
inappropriate since later information indicated that the excess tonnage
in the 1995-96 reserve pool was not as large as had been earlier
expected. The Committee met again on December 18, 1995, and announced,
therefore, that applications from producers who intended to remove
their grape vines would be accepted, but that other applications would
be rejected. After reviewing the applications, the Committee determined
that approximately 2,221 tons of Natural (sun-dried) Seedless raisins
will be eligible for diversion under the 1996 RDP.
The Committee members also believed that the former production cap
was too high because 1995 crop year yields per acre were down 20
percent compared to 1994. The Committee, therefore, unanimously
recommended a reduction in the production cap of 20 percent, from 2.75
tons per acre to 2.2 tons per acre for the 1996 RDP, based on 1995
production. Reducing the production cap proportionately to the decrease
in yield per acre more
[[Page 6309]]
accurately reflected actual production yields during the 1995 crop
year.
The information collection requirement (i.e., the RDP application)
referred to in this rule has been previously approved by the Office of
Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter
35 and has been assigned OMB number 0581-0083.
Based on these considerations, the Administrator of the AMS has
determined that this action will not have a significant economic impact
on a substantial number of small entities.
After consideration of all relevant information presented,
including the Committee's recommendations and other information, it is
found that finalizing the interim final rule, without change, as
published in the Federal Register (61 FR 100, January 3, 1996) will
tend to effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Part 989 is
amended to read as follows:
PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
Accordingly, the interim final rule amending 7 CFR part 989, which
was published at 61 FR 100 on January 3, 1996, is adopted as a final
rule without change.
Dated: February 12, 1996.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-3609 Filed 2-16-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-3608 Expenses and Assessment Rate for Marketing Order Covering Olives Grown in California
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6306-6307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3608]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 932
[Docket No. FV96-932-1IFR]
Expenses and Assessment Rate for Marketing Order Covering Olives
Grown in California
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule authorizes expenses and establishes an
assessment rate for the California Olive Committee (Committee) under
Marketing Order No. 932 for the 1996 fiscal year. The Committee is
responsible for local administration of the marketing order which
regulates the handling of California olives. Authorization of this
budget enables the Committee to incur expenses that are reasonable and
necessary to administer the program. Funds to administer this program
are derived from assessments on handlers.
DATES: Effective beginning January 1, 1996, through December 31, 1996.
Comments received by March 21, 1996, will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Comments must be sent in triplicate
to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, room 2523-S, Washington, DC 20090-6456, Fax # (202) 720-5698.
Comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be available for
public inspection in the Office of the Docket Clerk during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, California Marketing
Field Office, Fruit and Vegetable Division, AMS, USDA, 2202 Monterey
Street, suite 102B, Fresno, California 93721, telephone 209-487-5901;
or Caroline C. Thorpe, Marketing Order Administration Branch, F&V, AMS,
USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456; telephone
202-720-5127.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
Marketing Order No. 932 (7 CFR part 932), as amended, regulating the
handling of olives grown in California, hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. Under the marketing order provisions now
in effect, olives grown in California are subject to assessments. It is
intended that the assessment rate as issued herein will be applicable
to all assessable olives during the 1996 fiscal year, beginning January
1, 1996, through December 31, 1996. This interim final rule will not
preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with this rule.
The Act 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 provision 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
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the 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 his or her
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 date of the entry of the ruling.
Pursuant to 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. Thus, both statutes have small
entity orientation and compatibility.
There are 5 handlers of olives grown in California who are subject
to regulation under the order and approximately 1,350 producers of
olives in the regulated area. Small agricultural producers have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $500,000, and small agricultural
service firms are defined as those whose annual receipts are less than
$5,000,000. None of the olive handlers may be classified as small
entities, while the majority of olive producers may be classified as
small entities.
The order, administered by the Department, requires that the
assessment rate for a particular fiscal year apply to all assessable
olives handled during the appropriate crop year, which for this season
is August 1, 1995, through July 31, 1996. The budget of expenses for
the 1996 fiscal year was prepared by the Committee and submitted to the
Department for approval. The Committee consists of handlers and
producers. They are familiar with the Committee's needs and with the
costs for goods, services, and personnel in their local area and are
thus in a position to formulate an appropriate budget. The budget was
formulated and discussed in public meetings. Thus, all directly
affected persons have an opportunity to participate and provide input.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by actual receipts of olives by handlers
during the crop year. Because that rate is applied to actual receipts,
it must be established at a rate which will produce sufficient income
to pay the Committee's expected expenses.
The recommended budget and rate of assessment is usually acted upon
by the Committee after the crop year begins and before the fiscal year
starts, and expenses are incurred on a continuous basis. Therefore, the
budget and assessment rate approval must be expedited so that the
Committee will have funds to pay its expenses.
The Committee met on December 14, 1995, and recommended 1996
marketing order expenditures of $2,600,785 for its budget. This is
$280,865 less in expenses than the previous year. The major budget
categories for the 1996 fiscal year include administration ($388,350),
research ($213,000), and market development ($1,999,435).
The Committee also recommended an assessment rate of $28.26 per ton
[[Page 6307]]
covering olives from the appropriate crop year. This is $1.78 less than
last year's assessment rate of $30.04. The assessment rate, when
applied to actual handler receipts of 62,182 tons from the 1995 olive
crop year, would yield $1,757,726 in assessment income. This along with
approximately $829,000 from the Committee's authorized reserves will be
adequate to cover estimated expenses. Reserve funds for the 1996 fiscal
year are estimated at $210,000 which is within the maximum permitted by
the order of one fiscal year's expenses.
While this action will impose some additional costs on handlers,
the costs are in the form of uniform assessments on all handlers. Some
of the additional costs may be passed on to producers. However, these
costs will be offset by the benefits derived from the operation of the
marketing order. Therefore, the Administrator of the AMS has determined
that this action will not have a significant economic impact on a
substantial number of small entities.
After consideration of all relevant material presented, including
the Committee's recommendation, and other available information, it is
found that this interim final 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 rule 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) the 1996 fiscal
year began on January 1, 1996, and the marketing order requires that
the rate of assessment for the fiscal year apply to all assessable
olives handled during the fiscal year; (3) handlers are aware of this
rule which was recommended by the Committee at a public meeting; and
(4) 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 in 7 CFR Part 932
Marketing agreements, Olives, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 932 is
amended as follows:
PART 932--OLIVES GROWN IN CALIFORNIA
1. The authority citation for 7 CFR part 932 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Note: This section will not appear in the Code of Federal
Regulations.
2. A new Sec. 932.229 is added to read as follows:
Sec. 932.229 Expenses and assessment rate.
Expenses of $2,600,785 for the California Olive Committee are
authorized, and an assessment rate of $28.26 per ton of assessable
olives is established for the 1996 fiscal year ending on December 31,
1996. Unexpended funds may be carried over as a reserve.
Dated: February 12, 1996.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-3608 Filed 2-16-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-3568 Reports by Futures Commission Merchants, Members of Contract Markets, and Foreign Brokers
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6310-6315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3568]
=======================================================================
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Part 17
Reports by Futures Commission Merchants, Members of Contract
Markets, and Foreign Brokers
AGENCY: Commodity Futures Trading Commission.
ACTION: Final rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Commodity Futures Trading Commission (Commission or CFTC)
is amending rule 17.01 and modifying the form 102 required to be filed
by clearing members, futures commission merchants (FCMs), and foreign
brokers. This form identifies persons having financial interest in, or
control of, special accounts in futures and options. The amendments
being adopted clarify the information required on the form 102 for
various kinds of special accounts reported to the Commission. The
Commission is also amending rule 17.02 concerning the time in which a
completed form 102 must be filed. The rule requires that firms provide
certain specified identification information upon request by the
Commission or its designee on the day when a special account is first
reported, and that a completed form 102 be filed with the Commission
within three business days.
EFFECTIVE DATE: August 20, 1996.
FOR FURTHER INFORMATION CONTACT: Lamont L. Reese, Supervisory
Statistician, Division of Economic Analysis, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st Street NW., Washington,
DC 20581, (202) 418-5310.
SUPPLEMENTARY INFORMATION:
I. Background
A. Large Trader Reporting System
Part 17 of the Commission's regulations requires that FCMs,
clearing members, and foreign brokers (firms) submit a daily report to
the Commission with respect to futures positions in all special
accounts on their books.1 Information required to be provided to
the Commission includes quantities of reportable futures positions,
exchanges of futures for cash, and delivery notices issued or stopped
by each special account.2 For reporting purposes, futures
positions in all accounts controlled by the same person and those in
which a person has a ten percent or more financial interest must be
combined and treated as if they are held in a single account. The firm
assigns a reporting number to the special account and reports all
information to the Commission using this number.3
\1\ Special account means any commodity futures or option
account in which there is a reportable position, 17 CFR 15.00
(1994). Firms report futures information to the Commission and
option information to the exchanges.
\2\ A reportable position is any open position held or
controlled by a trader at the close of business in any one futures
contract of a commodity traded on any one contract market that is
equal to or in excess of the quantities fixed by the Commission in
Sec. 15.03 of the regulations, 17 CFR 15.03 (1994).
\3\ The firm's reporting number may be the account number
carried on its books. However, as noted above, the number may refer
to a collection of accounts that are owned and/or controlled by the
same person.
---------------------------------------------------------------------------
In addition to the reporting number and the position and
transaction information mentioned above, the firm must file a CFTC form
102 showing the information specified under Sec. 17.01 of the
regulations for each special account.4 This information identifies
persons who have a financial interest in or trading control of a
special account, informs the Commission of the type of account that is
being reported, and gives preliminary information whether positions and
transactions are commercial or noncommercial in nature. The form must
be filed when the account first becomes reportable, and updated when
information concerning financial interest in, or control of, the
special account changes.5 In addition to its use by the
Commission, the form 102 is used by the exchanges to identify accounts
reported through their large trader reporting systems for both futures
and options.6
\4\ 17 CFR 17.01 (1994).
\5\ 17 CFR 17.02 (1994).
\6\ Part 17 of the regulations requires that firms identify
large traders in options on the form 102 and transmit the form to
the appropriate exchange in accordance with their rules. Those
exchanges that maintain a futures large trader reporting system also
use the CFTC form 102 for identifying futures large traders.
---------------------------------------------------------------------------
B. Proposed Rulemaking
In June 1995 the Commission published in the Federal Register a
proposal to change its form 102 and Secs. 17.01 and 17.02 of its
regulations to resolve some of the ambiguities in the present form,
making it more useful to both the exchanges and the Commission (60 FR
31653 June 16, 1995). The Commission also requested comment on a
proposal set forth by the Chicago Mercantile Exchange (CME) to obtain
information on the form 102 in machine-readable form.
The Futures Industry Association (FIA), two exchanges, and two FCMs
commented on the Commission's proposal. All commentors supported
Commission efforts to clarify information requested on its form 102 and
supported the initiative of the CME to obtain data in machine-readable
form. Some commentors took issue with certain of the new requirements,
asking that they be eliminated or modified. These comments are
discussed in detail below.7 Commission staff will continue to
explore the feasibility of obtaining information on the form 102
electronically, both with the FIA and the exchanges.
\7\ The Commission also proposed to amend rule 17.01 to require
that option and futures accounts be reported using the same
designator, which may be any string of alphanumeric characters up to
the maximum number permitted. Commentors supported this proposal,
since using the same designator for both types of accounts for the
same persons reduces the number of form 102s that firms must file
and that the Commission must process. In view of this, the
Commission is adopting this rule as proposed.
---------------------------------------------------------------------------
II. Comments on Proposed Rule Changes
A. Special Account Identifying Information
The proposed form requires that firms provide registration
information if the person reported is registered as a commodity trading
advisor (CTA) or securities investment advisor (SIA). The FIA opined
that the responsibility for monitoring compliance with persons'
registration status rested with the National Futures Association (NFA)
and the Securities and Exchange Commission (SEC). In view of this, they
recommended that this requirement be eliminated.
The Commission currently collects information concerning persons'
registration status through means other than the form 102.8 The
request for firms to provide registration information on the form 102
comes principally from the exchanges. As explained in the notice of
proposed rulemaking, the rules of some exchanges require that they
obtain this information for enforcement purposes. The exchanges,
however, collect information only from their
[[Page 6311]]
members, not from their members' customers. The exchanges, therefore,
rely solely on the form 102 for routine information concerning futures
trading participants. Although the exchanges could design their own
account identification forms to collect this information, a
proliferation of such forms would be burdensome for the industry.
Adding the requirement that this information be included on the form
102 will result in an overall reduction in paperwork and a savings for
all parties involved. Moreover, if the firms provide this information
to the Commission, it will be more timely and complete. In view of the
above, the Commission is adopting this requirement as proposed.
\8\ This is generally through the form 40 filed by reportable
traders and through the NFA (17 CFR Sec. 18.04, 1994).
---------------------------------------------------------------------------
The FIA also sought clarification concerning identifying
information that must be provided in four different circumstances. The
Commission announced in its notice of proposed rulemaking that
Commission staff, after consulting with the exchanges, would provide
written advisories on reporting issues raised by firms. The Commission
believes that the questions raised by FIA are in this category and has
asked that the Division of Economic Analysis respond to these issues.
B. Reporting Controlled Accounts
When identifying special accounts controlled by independent account
controllers, the Commission proposed that firms provide the following
information:
1. For publicly-offered managed or guided account programs in which
ten or more accounts participate, the name and account number used for
the program and, in addition, for commodity pools that participate in
the program, the name and address of the commodity pool operator; and
2. For each controlled account not included in 1 above, the account
number and the names and addresses of persons having a ten percent or
more financial interest in the account.
As explained in the Federal Register release, amendments to rule
17.01 were made in June of 1993 to limit the information provided about
controlled accounts (58 FR 33329 June 17, 1993).9
\9\ Previous to these amendments, firms were required to
identify the beneficial owners of all controlled accounts even
though, in general, accounts that were a part of customer trading
programs were held by small traders whose identity for surveillance
purposes was not needed on a routine basis.
---------------------------------------------------------------------------
The FIA and the exchanges questioned the need for firms to provide
a name for each customer trading program. The FIA noted that, since no
definition or purpose is provided on the form itself for program name,
firms are likely to provide the wrong information. The Commission
agrees and has changed its form 102 accordingly. Rather than asking for
program names, firms will only indicate whether a person controls ten
or more accounts. Further instructions for reporting will be based on
the answer to this question.
The FIA was also concerned that providing the proposed additional
information for controlled accounts would often pose an administrative
burden on the reporting firms. Except for requiring account numbers,
the proposed requirements are the same as current requirements in
regulation 17.01(b)(6). The Commission believes this information is
important for properly combining accounts for the same traders and will
adopt these amendments as proposed. The proposed amendments also
provide that the required information be updated whenever it changes.
The Commission is amending its proposal so that updates to the
information required by these rules must be provided only on call by
the Commission or its designee. The Commission believes this will
alleviate much of the administrative burden imposed by these
requirements.
C. Two-Part Filing Requirements
The Commission proposed that certain identification information be
provided to the Commission on the first day that an account is reported
to the Commission, and that a completed form be provided within three
business days of that date. The FIA was concerned that the two-part
filing requirement would not be beneficial to the industry and may
impose additional administrative burdens upon operations' personnel.
The FIA proposed that firms provide the identifying information by
facsimile or telephone on the first day that a special account is
reported only in response to a request by the Commission or its
designee. In a majority of cases, Commission staff currently request
form 102s when accounts are first reported. In view of this, the
Commission is amending its proposal as recommended by the FIA. The
Commission emphasizes however, that these amendments in no way
alleviate the responsibility of firms to appropriately combine and
report accounts. Accounts that are not combined to determine reporting
status and for reporting may lead to a loss of important surveillance
information.10
\10\ The Commission also proposed amendments to rule 17.02
concerning the submission of position and transaction information in
hard-copy form. The Commission proposed that this information be
supplied by facsimile or in accordance with instructions by the
Commission or its designee. Since no comments were received
concerning this requirement, the Commission is adopting this
amendment as proposed.
---------------------------------------------------------------------------
Two exchanges commenting on the Commission's proposal also
expressed some concern about the two-part filing requirement. Under
Commission regulations, firms report large trader option positions only
to the exchanges which in turn report them to the Commission (17 CFR
16.02). Firms identify reportable option accounts on the form 102 and
provide these to the exchanges. These also are provided to the
Commission by the exchanges. The exchanges expressed concern that the
two-part requirement would affect the current turnover period allowed
the exchanges. Both exchanges suggested that, if it were necessary to
obtain option account identification quickly, the Commission do so
independently through the reporting firms. One exchange suggested that
the Commission receive both the position information and form 102s for
option traders directly from reporting firms to reduce duplication of
effort and avoid delays.
In light of the final rule, which permits filing of the form 102 in
three days unless called for by the Commission, the turnover time for
the exchanges will be unaffected. Moreover, calls for information will
go directly to the reporting firms as the exchanges suggested.
D. Clarification of Required Information
The FIA requested clarification concerning the distinction the
Commission made, if any, between an individual and sole proprietorship,
since both terms were used on the form. The Commission recognizes that
there may be little, if any, distinction between the terms. At times,
however, accounts have been reported in the name of a business
organized as a sole proprietorship. This term has been included on the
form only to prevent confusion when firms specify the organization of
the trader being reported.11
\11\ If the owner of a sole proprietorship trades an account in
the name of the business and separately an individual account, the
accounts should be aggregated and can be reported either in the name
of the individual or the business.
---------------------------------------------------------------------------
The FIA also asked whether the omnibus clearing status of a United
States or offshore bank trading for customers was discernible from the
information requested on the form. The regulations require that firms
determine if an account they carry is a house or customer omnibus
account. The Commission relies on reporting firms to
[[Page 6312]]
obtain accurate information concerning the omnibus clearing status for
accounts in whatever manner is necessary. This may require that firms
obtain information not included on the form.
E. Effective Date
One exchange has asked for a substantial period of time between
publication of the final rules in the Federal Register and the
effective date of the amendments in order to change computer software
that captures information on the form. A delayed effective date may
also assist firms in implementing use of the new forms. Accordingly,
the Commission has determined that the effective date of these
amendments be six months after they are published in the Federal
Register. However, the Commission can process the new forms
immediately. Therefore, if at any time prior to the effective date
exchanges request that the new form be used by firms reporting to them,
the firms may also use the new form to identify accounts to the
Commission.
III. Other Related Matters
A. The Regulatory Flexibility Act (RFA)
The RFA requires that agencies consider the impact of substantive
rules on small businesses. These amendments affect large traders, FCMs,
commodity pools, CTAs and other similar entities, such as foreign
brokers and foreign traders. The Commission has defined ``small
entities'' in evaluating the impact of its rule in accordance with the
RFA, 47 FR 18618-18621 (April 30, 1982).
In that statement, the Commission concluded that large traders and
FCMs are not considered to be small entities for purposes of the RFA.
In this regard, the amendments to reporting requirements relating to
the form 102 fall mainly upon FCMs. Similarly, foreign brokers and
foreign traders report only if carrying or holding reportable
positions, i.e., large positions. Thus, pursuant to section 3(a) of the
RFA (5 U.S.C. 605(b)), the Chairman, on behalf of the Commission,
certified in its proposal for rulemaking that these proposed rules
would not have a significant economic impact on a substantial number of
small entities. The Commission however, invited comments from any firm
which believed that these rules would have a significant economic
impact upon its operation. No comments were received.
B. Paperwork Reduction Act (PRA)
The PRA of 1980, 44 U.S.C. 3501 et seq., imposes certain
requirements on Federal agencies (including the Commission) in
connection with their conducting or sponsoring any collection of
information as defined by the PRA. In compliance with the PRA, the
Commission has submitted these rules and their associated information-
collection requirements to the Office of Management and Budget (OMB).
OMB approved the requirements associated with this rule on September
14, 1995.
The burden associated with the entire collection, including this
rule, is as follows:
Average Burden Hours Per Response--.1587 hour.
Number of Respondents--3709.
Frequency of Response--Daily.
The burden associated with this specific proposed rule, is as
follows:
Average Burden Hours Per Response--0.2 hour.
Number of Respondents--6,592.
Frequency of Response--On occasion.
Copies of the OMB-approved information-collection requirements may
be obtained from Jeff Hill, Office of Management and Budget, Room 3228,
NEOB, Washington, DC 20503, (202) 395-7340.
List of Subjects in 17 CFR Part 17
Brokers, Commodity Futures, Reporting and Recordkeeping
Requirements.
In consideration of the foregoing, and pursuant to the authority
contained in the Act and, in particular, sections 4g, 4i, 5, and 8a of
the Act, 7 U.S.C. 6g, 6i, 7, and 12a (1994), the Commission hereby
amends Chapter I of Title 17 of the Code of Federal Regulations as
follows:
PART 17--REPORTS BY FUTURES COMMISSION MERCHANTS, MEMBERS OF
CONTRACT MARKETS AND FOREIGN BROKERS
1. The authority citation for part 17 continues to read as follows:
Authority: 7 U.S.C. 6a, 6d, 6f, 6g, 6i, 7, and 12a.
2. Section 17.01 is revised to read as follows:
Sec. 17.01 Special account designation and identification.
When a special account is reported for the first time, the FCM,
clearing member, or foreign broker shall identify the account to the
Commission or to the contract market on form 102 showing the
information in paragraphs (a) through (f) of this section.
(a) Special account designator. A unique identifier for the
account. Provided, that the same designator is assigned for option and
futures reporting, and the identifier is not changed or assigned to
another account without prior approval of the Commission or its
designee.
(b) Special account identification. The name, address, business
phone, and for individuals, the person's job title and employer for the
following:
(1) The person originating the account, if the special account is a
house omnibus or customer omnibus account; or
(2) The person (i.e., individual, corporation, partnership, etc.)
who owns the special account, if such person (or an employee or
officer) also controls the trading of the special account. And, in
addition:
(i) The registration status of the person as a commodity trading
advisor or a securities investment advisor;
(ii) the legal organization of the person and the person's
principal business or occupation;
(iii) account numbers and account names included in the special
account, if different than supplied in paragraph (b)(2) of this
section;
(iv) the name and location of all persons not identified in
paragraph (b)(2) of this section having a ten percent or more financial
interest in the special account, indicating those having discretionary
trading over the account; and
(v) for special accounts with five or fewer persons having trading
authority, the names and locations of all persons with trading
authority that have not been identified in paragraphs (b)(2) or
(b)(2)(iv) of this section; or
(3) the account controller, if trading of the special account is
controlled by a person or legal entity who is an independent account
controller for the account owners as defined in Sec. 150.1(e). And, in
addition:
(i) the registration status of the person as a commodity trading
advisor or a securities investment advisor;
(ii) if ten or more accounts are controlled by the independent
advisor, the account number and the name of each commodity pool that is
controlled by the advisor and the name and location of the commodity
pool operator;
(iii) if fewer than ten accounts are under control of the
independent advisor, for each account the account number and the name
and location of each person having a ten percent or more financial
interest in the account. For commodity pools, provide the account
number, name of the pool, and name and location of the commodity pool
operator; and
(iv) on call by the Commission or its designee, for each account
controlled by
[[Page 6313]]
the independent advisor, the account number and account name and the
name and location of each person having a ten percent or more financial
interest in the account.
(c) Other accounts. If the person identified in paragraphs (b)(1),
(b)(2) or (b)(3) of this section either controls or has a financial
interest of ten percent or more in an account not included in this
special account, report the account number and the name of the account.
(d) Commercial use. For futures or options, commodities in which
positions or transactions in the account are associated with a
commercial activity of the account owner in a related cash commodity or
activity (i.e., those considered as hedging, risk-reducing, or
otherwise off-setting with respect to the cash commodity or activity).
(e) Account executive. The name and business telephone number of
the associated person of the FCM who has solicited and is responsible
for the account or, in the case of an introduced account, the name and
business telephone number of the introducing broker who introduced the
account.
(f) Reporting firm. The name and address of the FCM clearing
member, or foreign broker carrying the account, the signature, title,
and business phone of the authorized representative of the firm filing
the report, and the date of signing the form 102.
(g) Form 102 updates. If, at the time an account is in special
account status and a form 102 filed by an FCM, clearing member, or
foreign broker is then no longer accurate because there has been a
change in the information required under paragraph (b) of this section
since the previous filing, the FCM, clearing member, or foreign broker
shall file an updated form 102 with the Commission or the contract
market, as appropriate, within three business days after such change
occurs.
3. Section 17.02 is amended by revising the introductory text and
paragraph (b), and adding a new paragraph (c) to read as follows:
Sec. 17.02 Place and time of filing reports.
Unless otherwise instructed by the Commission or its designee, the
reports required to be filed by FCMs, clearing members, and foreign
brokers under Secs. 17.00 and 17.01 shall be filed at the nearest
appropriate Commission office as specified in paragraphs (a), (b), and
(c) of this section, wherein the times stated are eastern times for
information concerning markets located in that time zone, and central
time for information concerning all other markets.
(a) * * *
(b) For data submitted in hard-copy form pursuant to Secs. 17.00
(a), or (h) at a Commission office by facsimile or as otherwise
specified in accordance with instructions by the Commission or its
designee. Data in hard-copy form required under Sec. 17.00(a) shall be
submitted no later than 9 a.m. on the business day following that to
which the information pertains.
(c) For data submitted pursuant to Sec. 17.01 on the form 102;
(1) on call by the Commission or its designee, the type of special
account specified in 1(a), 1(b), or 1(c) of form 102, and the name and
location of the person to be identified in 1(d) on the form 102 by
facsimile or telephone on the same day that the special account in
question is first reported to the Commission; and
(2) a completed form 102 within three business days of the first
day that the special account in question is reported to the Commission.
Note: The following form will not appear in the Code of Federal
Regulations.
Issued in Washington, DC, February 12th, 1996, by the
Commission.
Jean A. Webb,
Secretary of the Commission.
BILLING CODE 6351-01-P
[[Page 6314]]
[GRAPHIC] [TIFF OMITTED] TR20FE96.000
[[Page 6315]]
[GRAPHIC] [TIFF OMITTED] TR20FE96.001
[FR Doc. 96-3568 Filed 2-16-96; 8:45 am]
BILLING CODE 6351-01-C
Complete official Federal Register PDF
FR Doc. 96-3528 Dairy Tariff-Rate Import Quota Licensing
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6305-6306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3528]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 61, No. 34 / Tuesday, February 20, 1996 /
Rules and Regulations
[[Page 6305]]
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
7 CFR Part 6
Dairy Tariff-Rate Import Quota Licensing
AGENCY: Foreign Agricultural Service, USDA.
ACTION: Final rule; technical corrections to import regulation 1,
revision 7.
-----------------------------------------------------------------------
SUMMARY: Import Regulation 1, Revision 7 (``Revision 7'') governs the
administration of the import licensing system for certain dairy
products. A license qualifies imports of certain dairy products for
entry at the in-quota tariff rates established in the Harmonized Tariff
Schedule of the United States (HTS). This document sets forth technical
corrections to Appendix 3 of Revision 7 with respect to the in-quota
quantities that may enter under supplementary license to be issued for
certain cheeses from Poland and Hungary for quota year 1996.
EFFECTIVE DATE: February 20, 1996.
FOR FURTHER INFORMATION CONTACT: Richard Warsack, Import Programs
Group, Import Policies and Programs Division, Foreign Agricultural
Service, U.S. Department of Agriculture, AG BOX 1021, Washington, DC
20250-1021, or telephone (202) 720-2916.
SUPPLEMENTARY INFORMATION:
Background
The Department of Agriculture (USDA) began to implement its Uruguay
Round Agreement commitments for certain dairy articles when it
published an interim rule on January 6, 1995 (60 FR 1989-1996) amending
Revision 7. That interim rule added a new Appendix 3 which specified
the quantities of articles of dairy products that, effective January 1,
1995, had become available for supplementary licenses during quota year
1995. The quantities specified reflected U.S. commitments to those
countries which implemented their own Uruguay Round access commitments
on January 1, 1995. On May 2, 1995, USDA published a second interim
rule (60 FR 21425-21428) which again amended Revision 7 by revising
Appendix 3 to reflect additional amounts of cheese and cheese products
that became available, effective July 1, 1995, for supplementary
licenses. These increases implemented U.S. access commitments to the
six countries which began to implement their respective access
commitments effective July 1, 1995. These countries included Poland and
Hungary. That interim rule also added a footnote to Appendix 3 which
clarified that the in-quota quantity allocated to Poland for Italian-
type cheese was conditioned on the results of a bilateral agreement
being negotiated between the Governments of the United States and
Poland. On September 13, 1995, USDA published a third interim rule (60
FR 47453-47455) which again amended Revision 7 by amending Appendix 3
to reflect additional quantities of dairy articles that will be
eligible, effective January 1, 1996, for supplementary licenses. These
increases reflect the additional amounts of articles of dairy products
available for supplementary licenses required to fulfill the second
year of the six-year Uruguay Round access commitment. That interim rule
inadvertently omitted the footnote regarding the in-quota quantity of
Italian-type cheese for Poland and the in-quota quantity of Swiss
cheese for Hungary.
Subsequent to the publication of the third interim rule, the United
States and Poland signed a Record of Understanding between Poland and
the United States of America on Agricultural Items which provides that
the in-quota quantity for Italian-type cheese be increased.
Presidential Proclamation 6859 of December 13, 1995 implemented this
commitment by amending Additional U.S. Note 21 of chapter 4 of the HTS
to increase the in-quota quantity of Italian-type cheese for Poland
from 1,100,000 kilograms to 1,325,000 kilograms.
List of Subjects in 7 CFR Part 6
Agricultural commodities, Cheese, Dairy Products, Imports,
Reporting and recordkeeping requirements.
Technical Correction
Accordingly, 7 CFR Part 6, Subpart--Tariff-Rate Quotas is amended
as follows:
PART 6--[AMENDED]
1. The authority citation for Subpart--Tariff-Rate Quotas continues
to read as follows:
Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25
to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule
of the United States (19 U.S. C. 1202), Pub. L. 97-258, 96 Stat.
1051, as amended (31 U.S.C. 9701), and secs. 103 and 404, Pub. L.
103-465, 108 Stat. 4819 and 4959 (19 U.S.C. 3513 and 3601).
2. Appendix 3 is amended by revising the entry for Poland under
``Italian-Type cheeses'' and by adding an entry for Hungary preceding
Sweden under ``Swiss and Emmenthaler cheese with eye formation'' to
read as follows:
Appendix 3--Articles Subject to the Supplementary Licensing Provisions
of Import Regulation 1, Revision 7, and Respective Annual Tariff-Rate
Import Quotas for the 1996 Quota Year
------------------------------------------------------------------------
Annual
supplementary
Article by HTS note No. quota
(kilograms)
------------------------------------------------------------------------
* * * * *
Italian-Type cheeses, made from cow's milk (Romano made
from cow's milk, Reggiano, Parmesan, Provolone,
Provoletti, Sbrinz, and Goya not in original loaves) and
cheese and substitutes for cheese containing, or
processed from, such Italian-Type cheeses, whether or
not in original loaves:
(Note 21).............................................. 4,765,000
Argentina............................................ 1,890,000
EC................................................... 233,333
Uruguay.............................................. 750,000
Hungary.............................................. 400,000
Poland............................................... 1,325,000
Romania.............................................. 166,667
* * * * *
Swiss and Emmenthaler cheese with eye formation:
(Note 25).............................................. 1,873,333
Austria.............................................. 73,333
EC................................................... 233,333
Hungary.............................................. 400,000
Sweden............................................... 300,000
Switzerland.......................................... 66,667
Czech Republic....................................... 400,000
------------------------------------------------------------------------
[[Page 6306]]
Signed at Washington, DC, on February 8, 1996.
Timothy J. Galvin,
Acting Administrator, Foreign Agriculture Service
[FR Doc. 96-3528 Filed 2-16-96; 8:45 am]
BILLING CODE 3410-10-P
Complete official Federal Register PDF
FR Doc. 96-3284 Underground Storage Tank Program: Approved State Program for Rhode Island
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6319-6322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3284]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5345-3]
Underground Storage Tank Program: Approved State Program for
Rhode Island
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's
decision to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under Sections 9005 and
9006 of RCRA Subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in 40 CFR part 282 the prior approval of
Rhode Island's underground storage tank program and incorporates by
reference appropriate provisions of state statutes and regulations.
DATES: This regulation is effective April 22, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Rhode Island's
underground storage tank program must be received by the close of
business March 21, 1996. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of April 22, 1996, in accordance with 5 U.S.C.
552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST
5-2), Underground Storage Tank Program, HPU-CAN7, U.S. EPA Region I,
JFK Federal Building, Boston, MA 02203-
[[Page 6320]]
2211. Comments received by EPA may be inspected in the public docket,
located in the Waste Management Division Record Center, 90 Canal St.,
Boston, MA 02203 from 9 a.m. to 4 p.m., Monday through Friday,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Stuart F. Gray, Underground Storage
Tank Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building,
Boston, MA 02203-2211. Phone: (617) 573-9655.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Rhode Island. (57 FR 220, November 13,
1992). Approval was effective on February 10, 1993.
EPA codifies its approval of state programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Rhode Island
underground storage tank program. This codification reflects only the
state underground storage tank program in effect at the time EPA
granted Rhode Island approval under section 9004(a), 42 U.S.C.
6991c(a). EPA provided notice and opportunity for comment earlier
during the Agency's decision to approve the Rhode Island program. EPA
is not now reopening that decision nor requesting comment on it.
Codification provides clear notice to the public of the scope of
the approved program in each state. By codifying the approved Rhode
Island program and by amending the Code of Federal Regulations whenever
a new or different set of requirements is approved in Rhode Island, the
status of federally approved requirements of the Rhode Island program
will be readily discernible. Only those provisions of the Rhode Island
underground storage tank program for which approval has been granted by
EPA will be incorporated by reference for enforcement purposes.
To codify EPA's approval of Rhode Island's underground storage tank
program, EPA has added Section 282.89 to Title 40 of the CFR.
Sec. 282.89 incorporates by reference for enforcement purposes the
state's statutes and regulations. Section 282.89 also references the
Attorney General's Statement, Demonstration of Adequate Enforcement
Procedures, the Program Description, and the Memorandum of Agreement,
which are approved as part of the underground storage tank program
under Subtitle I of RCRA.
The Agency retains the authority under Sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions in approved states. With respect to such an
enforcement action, EPA will rely on federal sanctions, federal
inspection authorities, and federal procedures rather than the state
authorized analogs to these provisions. Therefore, the approved Rhode
Island enforcement authorities will not be incorporated by reference.
Forty CFR Sec. 282.89 lists those approved Rhode Island authorities
that would fall into this category.
The public also needs to be aware that some provisions of Rhode
Island's underground storage tank program are not part of the federally
approved state program. These are:
Registration requirements for farm or residential tanks
less than or equal to 1,100 gallons containing motor fuels for non-
commercial use;
Registration requirements for tanks used for storing
heating oil for consumptive use on the premises; and
Permanent closure requirements for tanks containing
heating oil consumed on the premises where stored.
These non-approved provisions are not part of the RCRA Subtitle I
program, because they are ``broader in scope'' than Subtitle I of RCRA.
See 40 CFR 281.12(a)(3)(ii). As a result, state provisions which are
``broader in scope'' than the federal program are not incorporated by
reference for purposes of enforcement in part 282. Section 282.89 of
the codification simply lists for reference and clarity the Rhode
Island statutory and regulatory provisions which are ``broader in
scope'' than the federal program and which are not, therefore, part of
the approved program being codified today. ``Broader in scope''
provisions cannot be enforced by EPA. The State, however, will continue
to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (57 FR 220, Nov. 13,
1992) to approve the Rhode Island underground storage tank program and
thus has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to Section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: September 14, 1995.
John P. DeVillars,
Regional Administrator.
For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
2. Subpart B is amended by adding Sec. 282.89 to read as follows:
Subpart B--Approved State Programs
Sec. 282.89 Rhode Island State-Administered Program.
(a) The State of Rhode Island is approved to administer and enforce
an underground storage tank program in lieu of the federal program
under Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Rhode Island Department of Environmental
Management, was approved by EPA pursuant to 42 U.S.C. 6991c and Part
281 of 40 CFR. EPA approved the Rhode Island program on
[[Page 6321]]
January 11, 1993, and the approval was effective on February 10, 1993.
(b) Rhode Island has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under Sections 9005
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, Rhode Island must revise its
approved program to adopt new changes to the federal Subtitle I program
which make it more stringent, in accordance with Section 9004 of RCRA,
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Rhode Island
obtains approval for the revised requirements pursuant to Section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory
provisions will be added to this subpart and notice of any change will
be published in the Federal Register.
(d) Rhode Island has final approval for the following elements
submitted to EPA in Rhode Island's program application for final
approval and approved by EPA on January 11, 1995. Copies may be
obtained from the Underground Storage Tank Program, Rhode Island
Department of Environmental Management, 291 Promenade Street,
Providence, RI 02908. The elements are listed as follows:
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Rhode Island Statutory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(B) Rhode Island Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include: Titles 46, 42, 38, 37, and 23
of the General Laws of Rhode Island, 1956, as amended.
(B) The regulatory provisions include: The State of Rhode Island
Regulations for Underground Storage Facilities Used for Petroleum
Products and Hazardous Materials.
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) Titles 46, 42, 38, 37, and 23 of the General Laws of Rhode
Island, 1956, as amended, insofar as they refer to registration and
closure requirements for tanks containing heating oil consumed on the
premises where stored; and farm or residential tanks less than or equal
to 1,100 gallons containing motor fuels for non-consumptive use.
(B) Rhode Island Regulations for Underground Storage Facilities
Used for Petroleum Products and Hazardous Materials, Section 8,
Facility Registration and Notification, and Section 15, Closure;
insofar as they refer to tanks less than or equal to 1,100 gallons
containing motor fuels for non-commercial use and for tanks containing
heating oil consumed on the premises where stored.
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval and appendixes'' signed by the Attorney
General of Rhode Island on July 1, 1992, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Rhode Island to EPA July
1, 1992, though not incorporated by reference, is referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application in July 1992, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application in July 1992,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. On October 19, 1992, EPA and the Rhode
Island Department of Environmental Management signed the Memorandum of
Agreement. Though not incorporated by reference, the Memorandum of
Agreement is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
3. Appendix A to part 282 is amended by adding in alphabetical
order ``Rhode Island'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Rhode Island
(a) The statutory provisions include Rhode Island Statute Title 46
of the General Laws of Rhode Island, 1956, as amended:
Chapter 12 Water Pollution
Chapter 12.1 Underground Storage Tanks
Chapter 12.3 The Environmental Injury Compensation Act
Chapter 12.5 Oil Pollution Control
Chapter 13.1 Groundwater Protection
Chapter 14 Contamination of Drinking Water
(b) The statutory provisions include Title 42 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 35 Administrative Procedures
(c) The statutory provisions include Title 38 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 2 Access to Public Records
(d) The statutory provisions include Title 37 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 18 Narragansett Indian and Management Corp.
(e) The statutory provisions include Title 23 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 19.1 Hazardous Waste Management
(f) The regulatory provisions include State of Rhode Island, Agency
of Natural Resources, Underground Storage Tank Regulations, February 1,
1991:
Section 1.00 Purpose
Section 2.00 Authority
Section 3.00 Superseded Rules and Regulations
Section 4.00 Severability
Section 5.00 Applicability
Section 6.00 Administrative Findings
Section 7.00 Definitions
Section 8.00 Facility Registration and Notification
Section 9.00 Financial Responsibility
Section 10.00 Minimum Existing Facility Requirements
Section 11.00 New Facility and Replacement Tank Requirements
Section 12.00 Facility Modification
Section 13.00 Maintaining Records
Section 14.00 Leak and Spill Response
Section 15.00 Closure
Section 16.00 Leak Detection Methods and Precision Tester Licensing
Requirements
[[Page 6322]]
Section 17.00 Signatories to Registration and Closure Applications
Section 18.00 Transfer of Certificates of Registration or Closure
Section 19.00 USTs/Holding Tanks Serving Floor Drains
Section 20.00 Variances
Section 21.00 Appeals
Section 22.00 Penalties
Appendix A
Appendix B
Appendix C
[FR Doc. 96-3284 Filed 2-16-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-3221 A-95 Review, Evaluation, and Coordination of Projects
[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6309-6310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3221]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1901 and 1942
A-95 Review, Evaluation, and Coordination of Projects
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule deletes the Agencies' regulation that implemented
OMB Circular A-95 concerning review, evaluation, and coordination of
projects. OMB Circular A-95 was revoked in compliance with Executive
Order 12372.
EFFECTIVE DATE: February 20, 1996.
FOR FURTHER INFORMATION CONTACT: Susan G. Wieferich, Senior
Environmental Protection Specialist, Environmental Support Branch,
Program Support Staff, Rural Housing Service, U.S. Department of
Agriculture, Room 6309, South Agriculture Building, 14th Street and
Independence Avenue SW., Washington, DC 20250-0700; telephone (202)
720-9619.
SUPPLEMENTARY INFORMATION:
Classification
This action is not subject to the provisions of Executive Order
12866 since it only involves internal Agency management. This action is
not published for proposed rulemaking because it involves only internal
Agency management and publication for notice and comment is
unnecessary.
Discussion
Executive Order 12372 terminated the Memorandum of November 8,
1968, (56 FR 16467, November 10, 1968) and required the Director of the
Office of Management and Budget to revoke OMB Circular A-95, which was
issued pursuant to that Memorandum. The Farmers Home Administration
(predecessor to the Agencies issuing the rule) did not delete FmHA
Instruction 1901-H when FmHA Instruction 1940-J, was issued December
23, 1983, in accord with the Executive Order due to a requirement in
section 306(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)(3)) that projects be reviewed under OMB Circular A-95.
Section 2316(b) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (P.L. 101-624, November 28, 1990) amended Section 306(a)(3) to
remove the requirement.
Programs Affected
These programs or activities are listed in the Catalog of Federal
Domestic Assistance under the following numbers:
10.760--Water and Waste Disposal Systems for Rural Communities
10.766--Community Facilities Loans
10.770--Water and Waste Disposal Loans and Grants (Section 306C)
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0575-0094 in accordance with the Paperwork
Reduction Act of 1980 (44 U.S.C. 3507). This final rule does not revise
or impose any new information collection requirement from those
previously approved by OMB.
Unfunded Mandate Reform Act
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
List of Subjects
7 CFR Part 1901
Intergovernmental relations.
7 CFR Part 1942
Community development, Community facilities, Loan programs--Housing
and community development, Loan security, Rural areas, Waste treatment
and disposal--Domestic, Water supply--Domestic.
Accordingly, under the Authority 5 U.S.C. 301, Chapter XVIII,
title 7, Code of Federal Regulations is amended as follows:
PART 1901--PROGRAM RELATED INSTRUCTIONS
Subpart H--[Removed and Reserved]
1. Subpart H, consisting of Secs. 1901.351-1901.360 and Exhibit A,
is removed and reserved.
PART 1942--ASSOCIATIONS
2. The authority citation for the part 1942 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart A--Community Facility Loans
3. In Sec. 1942.2, the introductory text of paragraph (a)(1) is
amended in the first sentence by revising the word ``inquires'' to
``inquiries'' and by revision of the third sentence to read as follows:
Sec. 1942.2 Processing applications.
(a) * * *
(1) * * * The District Director will assist applicants as needed in
completing SF 424.2, and in filing written notice of intent and
priority recommendation with the appropriate clearinghouse. * * *
* * * * *
Subpart C--Fire and Rescue Loans
4. Section 1942.106 is amended in paragraph (a) by removing the
words ``subpart H of part 1901 and'' and in
[[Page 6310]]
paragraph (b) by removing the words ``A-95 and''.
Dated: November 29, 1995.
Jill Long Thompson,
Under Secretary for Rural Economic and Community Development.
Dated: January 11, 1996.
Eugene Moos,
Under Secretary for Farm and Foreign Agricultural Services.
[FR Doc. 96-3221 Filed 2-16-96; 8:45 am]
BILLING CODE 3410-07-U
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