[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6152]
[[Page Unknown]]
[Federal Register: March 17, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 955
[Docket No. FV94-955-1FR]
Vidalia Onions Grown in Georgia; Increased Expenses
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; amendment.
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SUMMARY: This final rule increases the level of authorized expenses
under Marketing Order No. 955 for the 1993-94 fiscal period.
Authorization of these increased expenses is needed to cover marketing
expenditures in excess of those authorized in the Vidalia Onion
Committee's (Committee) 1993-94 budget.
EFFECTIVE DATE: September 16, 1993, through September 15, 1994.
FOR FURTHER INFORMATION CONTACT: Martha Sue Clark, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2523-S, Washington, DC 20090-6456, telephone 202-720-
9918, or William G. Pimental, Southeast Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter Haven, FL
33883-2276, telephone 813-299-4770.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 955 (7 CFR part 955), regulating the handling
of Vidalia onions grown in Georgia. The marketing agreement and order
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 is issuing this rule in conformance with Executive
Order 12866.
This final rule has been reviewed under Executive Order 12788,
Civil Justice Reform. This rule increases the level of authorized
expenditures for the 1993-94 fiscal period which began September 16,
1993, and ends September 15, 1994. This 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 requesting a modification of the order or to be exempted
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 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 the date of the entry of the ruling.
Pursuant to the 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 the 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 250 producers of Georgia Vidalia onions
under this marketing order, and approximately 145 handlers. 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
Vidalia onion producers and handlers may be classified as small
entities.
The budget of increased expenses for the 1993-94 fiscal period was
prepared by the Vidalia Onion Committee, the agency responsible for
local administration of the marketing order, and submitted to the
Department for approval. The members of the Committee are producers and
handlers of Vidalia onions. They are familiar with the Committee's
needs and with the costs of goods and services in their local area and
are thus in a position to formulate an appropriate budget. The budget
was formulated and discussed in a public meeting. Thus, all directly
affected persons have had an opportunity to participate and provide
input.
The Committee met July 22, 1993, and unanimously recommended a
1993-94 budget of $262,950, which included $82,500 for marketing. An
interim final rule implementing that recommendation was published in
the Federal Register on September 7, 1993 (58 FR 47023) and finalized
on December 6, 1993 (58 FR 64103).
The Committee subsequently met on February 17, 1994, and
unanimously recommended an increase of $18,000 in its 1993-94 budget
for the construction and purchase of a new trade show booth. The trade
show booth is expected to cost $27,000 and will be used in conjunction
with the Committee's Vidalia onion promotional efforts. The Committee
recommended that $9,000 of current budget money be used and that the
remaining $18,000 be taken from the authorized reserve, increasing
marketing expenses from $82,500 to $100,500, and increasing the total
budget from $262,950 to $280,950. The reserve, which currently totals
$187,766, is within the maximum permitted by the order of three fiscal
periods' expenses. There are adequate funds to cover this new
expenditure, so no increase in the assessment rate was recommended.
Since no increase in the assessment rate is being recommended, no
additional costs will be imposed on handlers. 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 matter presented, including the
information and recommendations submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice or to engage in further public
procedure 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 fiscal
period began on September 16, 1993, and the Committee needs to have
approval to pay its expenses which are incurred on a continuous basis;
(2) handlers are aware of this action which was unanimously recommended
by the Committee at a public meeting; and (3) no increase in the
assessment rate is being recommended so no additional funds will need
to be collected from handlers.
List of Subjects in 7 CFR Part 955
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 955 is
amended as follows:
PART 955--VIDALIA ONIONS GROWN IN GEORGIA
1. The authority citation for 7 CFR part 955 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Note: This section will not appear in the Code of Federal
Regulations.
Sec. 955.20 [Amended]
2. Section 955.206 is amended by revising ``$262,950'' to read
``$280,950''.
Dated: March 11, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-6152 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-02-P