[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2418]


  Federal Register / Vol. 59, No. 23 / Thursday, February 3, 1994 /
  
[[Page Unknown]]

[Federal Register: February 3, 1994]


                                                    VOL. 59, NO. 23

                                         Thursday, February 3, 1994
=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 915

[FV93-911-1IFR]

 

Expenses and Assessment Rates for Marketing Orders Covering Limes 
and Avocados Grown in Florida Orders

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim final rule authorizes expenses and establishes 
assessment rates for the Florida Lime Administrative Committee and the 
Avocado Administrative Committee (Committees) under Marketing Orders 
911 and 915 for the 1994-95 fiscal year. The Committees are responsible 
for local administration of the marketing orders which regulate the 
handling of Florida limes and avocados. Authorization of these budgets 
enables the Committees to incur expenses that are reasonable and 
necessary to administer their respective programs. Funds to administer 
these programs are derived from assessments on handlers.

DATES: Effective beginning April 1, 1994, through March 31, 1995. 
Comments received by March 7, 1994, 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: Aleck Jonas, Southeast Marketing Field 
Office, Fruit and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter 
Haven, Florida 33883, telephone 813-299-4770; or Gary D. Rasmussen, 
Marketing Order Administration Branch, F&V, AMS, USDA, P.O. Box 96456, 
Room 2523-S, Washington, DC 20090-6456; telephone 202-720-5331.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
Marketing Agreement and Order No. 911 [7 CFR part 911], as amended, 
regulating the handling of limes grown in Florida; and Marketing 
Agreement and Order No. 915 [7 CFR part 915] regulating the handling of 
avocados grown in Florida. These agreements and orders are 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, limes and avocados grown 
in Florida are subject to assessments. It is intended that the 
assessment rates as issued herein will be applicable to all assessable 
Florida limes and avocados handled during the 1994-95 fiscal year, 
beginning April 1, 1994, through March 31, 1995. 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 approximately 45 handlers of limes grown in Florida, and 
approximately 40 producers in the regulated area who are subject to 
regulation under the lime marketing order. Also, there are 
approximately 65 handlers of avocados grown in Florida, and 
approximately 95 producers in the regulated area who are subject to 
regulation under the avocado marketing order. 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 $3,500,000. The majority of lime and avocado 
producers and handlers may be classified as small entities.
    The lime and avocado marketing orders, administered by the 
Department, require that the assessment rates for a particular fiscal 
year apply to all assessable limes and avocados handled from the 
beginning of such year. Annual budgets of expenses are prepared by the 
Committees, the agencies responsible for local administration of their 
respective marketing orders, and submitted to the Department for 
approval. Each Committee consists of producers, handlers and a non-
industry public member. They are familiar with the Committees' 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 
Committees' budgets are formulated and discussed in public meetings. 
Thus, all directly affected persons have an opportunity to participate 
and provide input.
    The assessment rates recommended by the Committees are derived by 
dividing anticipated expenses by expected shipments of limes and 
avocados (in bushels). Because those rates are applied to actual 
shipments, they must be established at rates which will produce 
sufficient income to pay the Committees' expected expenses. The 
recommended budgets and rates of assessment are usually acted upon by 
the Committees shortly before a season starts, and expenses are 
incurred on a continuous basis. Therefore, the budget and assessment 
rate approval must be expedited so that the Committees will have funds 
to pay their expenses.
    The Florida Lime Administrative Committee met on December 8, 1993, 
and unanimously recommended 1994-95 marketing order expenditures of 
$89,697 and an assessment rate of $0.16 per 55-pound bushel of limes. 
In comparison, 1993-94 marketing year budgeted expenditures were 
$113,846, which is $24,149 more than the $89,697 recommended for this 
fiscal year. The assessment rate of $0.16 per bushel remains the same 
as last year's assessment rate of $0.16. The major budget categories 
for 1994-95 are $28,000 for administrative staff salaries and $10,100 
for employee benefits.
    Assessment income for 1994-95 is estimated to total $64,000 based 
on anticipated fresh domestic shipments of 400,000 55-pound bushels of 
limes. Interest on savings is expected to add an additional $2,000 to 
income. The assessment and interest income will have to be augmented by 
$23,697 from the Committee's reserves to provide adequate funds to 
cover budgeted expenses. Sufficient reserve funds are available to 
cover the projected deficit. Funds in the reserve at the end of the 
1994-95 fiscal year are estimated to be $250,000. These reserve funds 
will be within the maximum permitted by the order of three fiscal 
years' expenses.
    The Avocado Administrative Committee also met on December 8, 1993, 
and unanimously recommended 1994-95 marketing order expenditures of 
$97,000 and an assessment rate of $0.16 per 55-pound bushel of 
avocados. In comparison, 1993-94 marketing year budgeted expenditures 
were $113,846, which is $16,846 more than the $97,000 recommended for 
this fiscal year. The assessment rate of $0.16 per bushel remains the 
same as last year's assessment rate of $0.16. The major budget 
categories for 1994-95 are $28,000 for administrative staff salaries, 
$15,600 for compliance, and $10,100 for employee benefits.
    Assessment income for 1994-95 is estimated to total $96,000 based 
on anticipated fresh domestic shipments of 600,000 55-pound bushels of 
avocados. Interest on savings is expected to add an additional $1,000 
to income. Sufficient reserve funds are available to cover any 
unexpected shortfall in projected income. Funds in the reserve at the 
end of the 1994-95 fiscal year are estimated to be $100,000. These 
reserve funds will be within the maximum permitted by the order of 
three fiscal years' 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 orders. 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 Committees' recommendations, 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 action until 30 days after publication in the Federal Register 
because: (1) The Committees need to have sufficient funds to pay their 
expenses which are incurred on a continuous basis; (2) the 1994-95 
fiscal year begins on April 1, 1994, and the marketing orders require 
that the rate of assessment for the fiscal year apply to all assessable 
limes and avocados handled during the fiscal year; (3) handlers are 
aware of this action which was recommended by the Committees at public 
meetings; 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 action.

List of Subjects

7 CFR Part 911

    Limes, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR Parts 911 and 915 
are amended as follows:
    1. The authority citation for both 7 CFR parts 911 and 915 
continues to read as follows:

    Authority: 7 U.S.C. 601-674.

    Note: These sections will not appear in the Code of Federal 
Regulations.

PART 911--LIMES GROWN IN FLORIDA

    2. A new Sec. 911.232 is added to read as follows:


Sec. 911.232  Expenses and Assessment rate.

    Expenses of $89,697 by the Florida Lime Administrative Committee 
are authorized, and an assessment rate of $0.16 per bushel of 
assessable limes is established for the 1994-95 fiscal year ending on 
March 31, 1995. Unexpended funds may be carried over as a reserve.

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

    3. A new Sec. 915.232 is added to read as follows:


Sec. 915.232  Expenses and Assessment rate.

    Expenses of $97,000 by the Avocado Administrative Committee are 
authorized, and an assessment rate of $0.16 per bushel of assessable 
avocados is established for the 1994-95 fiscal year ending on March 31, 
1995. Unexpended funds may be carried over as a reserve.

    Dated: January 25, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-2418 Filed 2-2-94; 8:45 am]
BILLING CODE 3410-02-P