[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Rules and Regulations]
[Pages 39104-39105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18787]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 922, 923, and 924
[Docket No. FV95-922-2IFR]
Expenses for the 1995-96 Fiscal Year for Specified Marketing
Orders
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule authorizes expenses for the 1995-96
fiscal year for Marketing Orders (M.O.) No.'s 922 and 923, covering
apricots and sweet cherries grown in designated counties in Washington,
and M.O. No. 924 covering fresh prunes grown in designated counties in
Washington and in Umatilla County, Oregon. Authorization of these
budgets enables the Washington Apricot Marketing Committee, the
Washington Cherry Marketing Committee, and the Washington-Oregon Fresh
Prune Marketing Committee (Committees) established under these
marketing orders to incur expenses that are reasonable and necessary to
administer the programs. Funds to administer the programs are derived
from assessments on handlers.
DATES: Effective beginning April 1, 1995, through March 31, 1996.
Comments must be received by August 31, 1995.
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, PO Box 96456, room
2523-S, Washington, DC 20090-6456; or by FAX: (202) 720-5698. All
comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, PO Box
96456, room 2523-S, Washington, DC 20090-6456; telephone: (202) 720-
5127; or Teresa Hutchinson, Northwest Marketing Field Office, Fruit and
Vegetable Division, AMS, USDA, 1220 SW., Third Avenue, room 369,
Portland, OR 97204; telephone: (503) 326-2724.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
Marketing Agreements and Marketing Order No. 922 (7 CFR part 922)
regulating the handling of apricots grown in designated counties in
Washington; Marketing Order No. 923 (7 CFR part 923) regulating the
handling of sweet cherries grown in designated counties in Washington;
and Marketing Order No. 924 (7 CFR part 924) regulating the handling of
fresh prunes grown in designated counties in Washington and in Umatilla
County, Oregon. The marketing 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. This action authorizes expenses for the
1995-96 fiscal period which began April 1, 1995, through March 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. 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 about 55 handlers of Washington apricots, 55 handlers of
Washington sweet cherries, and 30 handlers of Washington-Oregon fresh
prunes subject to regulation under their respective marketing orders.
In addition, there are about 190 Washington apricot producers, 1,100
Washington sweet cherry producers, and 350 Washington-Oregon fresh
prune producers in the respective production areas. 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 these handlers and
producers may be classified as small entities.
An annual budget of expenses is prepared by each marketing order
committee and submitted to the Department for approval. The members of
the Committees are handlers and producers of the regulated commodities.
They are familiar with the Committees' needs and with the costs for
goods, services, and personnel in their local areas and are thus in a
position to formulate appropriate budgets. The budgets are formulated
and discussed in public meetings. Thus, all directly
[[Page 39105]]
affected persons have an opportunity to participate and provide input.
The Washington Apricot Marketing Committee met on May 25, 1995, and
unanimously recommended 1995-96 expenses of $9,594, which is $4,008
less in expenses than the $13,602 amount that was recommended for the
1994-95 fiscal year.
Shipments of fresh apricots for the current fiscal year are
estimated at 5,150 tons. Funds in the reserve, estimated at $16,798,
will be adequate to cover the recommended expense amount.
The Washington Cherry Marketing Committee also met on March 25,
1995, and unanimously recommended 1995-96 expenses of $55,393. This
represents a decrease of $44,820 from the $100,213 recommended for the
previous fiscal year.
The Committee anticipates shipments of 41,000 tons of fresh sweet
cherries. Funds in the reserve, estimated at $112,995, will be adequate
to cover budgeted expenses.
The Washington-Oregon Fresh Prune Marketing Committee also met on
March 25, 1995, and unanimously recommended a 1995-96 expense amount of
$10,018. In comparison, this represents a decrease of $8,742 in
expenses from the $18,760 that was recommended for 1994-95 fiscal year.
Shipments of fresh prunes for the current fiscal year are estimated
at 4,900 tons. Funds in the reserve, estimated at $16,204, will
adequately cover recommended expenses.
Each Committee unanimously voted against having assessment rates
for their respective programs for the 1995-96 fiscal year. In
comparison, assessment rates for the 1994-95 fiscal year were $0.50 per
ton for fresh apricots, $1.00 per ton for sweet cherries, and $1.00 per
ton for fresh prunes.
Major expense categories for the Committees are for the
administration of these marketing orders. Administrative expenses
include $43,000 for salaries, $2,700 for travel, and $15,600 for office
operations. The stone fruit marketing Committees share office expenses,
based on an agreement among the Committees.
Since no assessment rates are being recommended at this time, 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
information and recommendations submitted by the Committees and other
available information, it is hereby found that this rule as hereinafter
set forth will tend to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this action until 30 days after publication in the Federal Register
because: (1) The 1995-96 fiscal year for the Committees began April 1,
1995, and the Committees need to have approval to pay their respective
expenses which are incurred on a continuous basis; (2) this action is
similar to previously recommended budgets; and (3) 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 922
Apricots, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 923
Cherries, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 924
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR parts 922, 923,
and 924 are amended as follows:
1. The authority citation for 7 CFR parts 922, 923, and 924
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 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON
2. A new Sec. 922.234 is added to read as follows:
Sec. 922.234 Expenses and assessment rate.
Expenses of $9,594 by the Washington Apricot Marketing Committee
are authorized for the fiscal year ending March 31, 1996. Any
unexpended funds may be carried over as a reserve.
PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
3. A new Sec. 923.235 is added to read as follows:
Sec. 923.235 Expenses and assessment rate.
Expenses of $55,393 by the Washington Cherry Marketing Committee
are authorized for the fiscal year ending March 31, 1996. Any
unexpended funds may be carried over as a reserve.
PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
AND UMATILLA COUNTY, OREGON
4. A new Sec. 924.235 is added to read as follows:
Sec. 924.235 Expenses and assessment rate.
Expenses of $10,018 by the Washington-Oregon Fresh Prune Marketing
Committee are authorize for the fiscal year ending March 31, 1996. Any
unexpended funds may be carried over as a reserve.
Dated: July 26, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-18787 Filed 7-31-95; 8:45 am]
BILLING CODE 3410-02-P