[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Rules and Regulations]
[Pages 36339-36340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17385]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules 
and Regulations  


[[Page 36339]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 945

[Docket No. FV95-945-1IFR]


Irish Potatoes Grown in Certain Designated Counties in Idaho, and 
Malheur County, OR; Expenses and Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule authorizes expenditures and 
establishes an assessment rate under Marketing Order No. 945 for the 
1995-96 fiscal period. This rule also increases the level of authorized 
expenses for the 1993-94 fiscal period. Authorization of this budget 
enables the Idaho-Eastern Oregon Potato Committee (Committee) to incur 
expenses that are reasonable and necessary to administer the program. 
Authorization of the increase in the level of authorized expenses for 
the 1993-94 fiscal period in necessary because the Committee exceeded 
its budget for that period. Funds to administer this program are 
derived from assessments on handlers.

DATES: Section 945.248 is effective August 1, 1995 through July 31, 
1996. The amendment to Sec. 945.246 is effective August 1, 1993, 
through July 31, 1994. Comments received by August 16, 1995, will be 
considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this 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: 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 Dennis L. West, Northwest Marketing Field Office, Fruit and 
Vegetable Division, AMS, USDA, Green-Wyatt Federal Building, room 369, 
1220 Southwest Third Avenue, Portland, OR 97205, telephone 503-326-
2724.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 98 and Order No. 945, both as amended (7 CFR part 945), 
regulating the handling of Irish potatoes grown in designated counties 
in Idaho, and Malheur County, Oregon. 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 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 provisions of the marketing 
order now in effect, Idaho-Eastern Oregon potatoes are subject to 
assessments. Funds to administer the Idaho-Eastern Oregon potato 
marketing order are derived from such assessments. It is intended that 
the assessment rate as issued herein will be applicable to all 
assessable potatoes handled during the 1995-96 fiscal period, which 
begins August 1, 1995, and ends July 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 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 Acct (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 2,100 producers of Idaho-Eastern Oregon 
potatoes under this marketing order, and approximately 60 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 $5,000,000. The majority of 
Idaho-Eastern Oregon potato producers and handlers may be classified as 
small entities.
    The budget of expenses for the 1995-96 fiscal period was prepared 
by the Idaho-Eastern Oregon Potato 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 Idaho-Eastern Oregon potatoes. 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 assessment rate recommended by the Committee was derived by 
dividing 

[[Page 36340]]
anticipated expenses by expected shipments of fresh Idaho-Eastern 
Oregon potatoes. Because that rate will be applied to actual shipments, 
it must be established at a rate that will provide sufficient income to 
pay the Committee's expenses.
    The Committee met June 6, 1995, and unanimously recommended a 1995-
96 budget of $111,732, $11,853 more than the previous year. Budget 
items for 1995-96 which have increased compared to those budgeted for 
1994-95 (in parentheses) are: Salaries, $63,232 ($55,479), meetings and 
miscellaneous, $2,500 ($2,000), Federal payroll taxes, $5,300 ($4,700), 
and reserve/auto purchase, $9,000 ($6,000). All other items are 
budgeted at least year's amounts.
    The Committee also unanimously recommended an assessment rate of 
$0.0026 per hundredweight, the same as each year for the past decade. 
This rate, when applied to anticipated shipments of 34,000,000 
hundredweight, will yield $88,400 in assessment income. This, along 
with $23,332 from the Committee's authorized reserve, will be adequate 
to cover budgeted expenses. Funds in the Committee's authorized reserve 
at the beginning of the 1995-96 fiscal period, estimated at about 
$80,000, will be within the maximum permitted by the order of one 
fiscal period's expenses.
    The 1993-94 budget was published in the Federal Register as an 
interim final rule on July 16, 1993 (58 FR 38274) and finalized on 
October 28, 1993 (58 FR 57957). That rule authorized Committee expenses 
of $98,942. The Committee exceeded its authorized expenses by $713, for 
total expenses of $99,655. Funds to cover this increase were taken from 
the Committee's authorized reserve. The 1993-94 budget is amended to 
cover this increase.
    While this rule 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 by the operation of the 
marketing order. Therefore, the Administrator of the AMS has determined 
that this rule 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 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 
fiscal period begins on August 1, 1995, and the marketing order 
requires that the rate of assessment for the fiscal period apply to all 
assessable Idaho-Eastern Oregon potatoes handled during the fiscal 
period; (3) handlers are aware of this action which was unanimously 
recommended by the Committee at a public meeting and is similar to 
other budget actions issued in past years; 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 945

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 945 is 
amended as follows:

PART 945--IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN 
IDAHO AND MALHEUR COUNTY, OREGON

    1. The authority citation for 7 CFR Part 945 continues to read as 
follows:

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

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


Sec. 945.246  [Amended]

    2. Section 945.246 is amended by removing ``$98,942'' and adding in 
its place ``$99,655.''
    3. A new Sec. 945.248 is added to read as follows:


Sec. 945.248  Expenses and assessment rate.

    Expenses of $111,732 by the Idaho-Eastern Oregon Potato Committee 
are authorized, and an assessment rate of $0.0026 per hundredweight of 
assessable potatoes is established for the fiscal period ending July 
31, 1996. Unexpended funds may be carried over as a reserve.

    Dated: July 11, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-17385 Filed 7-14-95; 8:45 am]
BILLING CODE 3410-02-P