[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50080-50082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24046]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 931

[Docket No. FV95-931-1FIR]


Fresh Bartlett Pears Grown in Oregon and Washington; Expenses and 
Assessment Rate for the 1995-96 Fiscal Year

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final, without change, the provisions of the interim final rule which 
authorized expenses and established an assessment rate for the 
Northwest Fresh Bartlett Pear Marketing Committee (Committee) under 
Marketing Order No. 931 for the 1995-96 fiscal year. Authorization of 
this budget enables the Committee to incur expenses that are reasonable 
and necessary to administer the program. Funds to administer the 
program are derived from assessments on handlers.

EFFECTIVE DATE: July 1, 1995, through June 30, 1996.

FOR FURTHER INFORMATION CONTACT: Karen T. Chaney, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, D.C. 20090-6456, telephone: 202-
720-5127; or Teresa L. Hutchinson, Northwest Marketing Field Office, 
Fruit and Vegetable Division, AMS, USDA, Green-Wyatt Federal Building, 
room 369, 1220 Southwest Third Avenue, Portland, Oregon 97204, 
telephone: 503-326-2724.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 141 and Marketing Order No. 931, both as amended [7 CFR 
Part 931], regulating the handling of fresh Bartlett pears grown in 
Oregon and Washington. 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 12778, 
Civil Justice Reform. Under the marketing order now in effect, Bartlett 
pears grown in Oregon and Washington are subject to assessments. Funds 
to administer the Bartlett pear marketing order are derived from such 
assessments. It is intended that the assessment rate as specified 
herein will be applicable to all assessable pears during the 1995-96 
fiscal year beginning July 1, 1995, and ends June 30, 1996. 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 8c(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 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 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 65 handlers regulated under the marketing 
order each year and approximately 1,800 producers of Bartlett pears. 
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 
Bartlett pear handlers and producers in Oregon and Washington may be 
classified as small entities.
    The budget of expenses for the 1995-96 fiscal year was prepared by 
the 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 Bartlett pears. 
They are familiar with the Committee's needs and with the costs for 
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 anticipated expenses by expected shipments of fresh Bartlett 
pears grown in Oregon and Washington. 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 on June 1, 1995, and unanimously recommended 
total expenses of $92,254 with an assessment rate of $0.02 per standard 
box or equivalent for the 1995-96 fiscal year. In comparison, 1994-95 
budgeted expenses were $96,410, with an approved assessment rate of 
$0.02 per standard box or equivalent. This represents a $4,156 decrease 
in expenses and no change in the assessment rate from the amounts 
recommended for the current fiscal year.
    The assessment rate, when applied to anticipated pear shipments of 
3,152,300 standard boxes or equivalent, will yield $63,046 in 
assessment income. Assessment income, combined with $4,000 from other 
income sources, and $25,208 from the Committee's authorized reserve, 
will be adequate to cover budgeted expenses. The withdrawal of $25,208 
from the Committee's authorized reserve fund will result in no reserve 
remaining at the end of the 1995-96 fiscal year. Major expense 
categories for the 1995-96 fiscal year include $44,135 for salaries, 
$9,195 for unshared contingency, and $4,989 in employee health 
benefits.
    An interim final rule concerning this action was published in the 
August 7, 1995, Federal Register [60 FR 40058], with a 30-day comment 
period ending September 6, 1995. No comments were received.
    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 by 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.
    It is found that the specified expenses for the marketing order 
covered in this rule are reasonable and likely to be 

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incurred and that such expenses and the specified assessment rate to 
cover such expenses will tend to effectuate the declared policy of the 
Act.
    It is further found that good cause exists for not postponing the 
effective date of this action until 30 days after publication in the 
Federal Register because the Committee needs to have sufficient funds 
to pay its expenses which are incurred on a continuous basis. The 1995-
96 fiscal year for the program began July 1, 1995. The marketing order 
requires that the rate of assessment apply to all assessable Bartlett 
pears handled during the fiscal year. In addition, handlers are aware 
of this action which was recommended by the Committee at a public 
meeting and published in the Federal Register as an interim final rule. 
No comments were received concerning the interim final rule that is 
adopted in this action as a final rule without change.

List of Subjects in 7 CFR Part 931

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

PART 931--FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON

    Accordingly, the interim final rule amending 7 CFR part 931 which 
was published at 60 FR 40058 on August 7, 1995, is adopted as a final 
rule without change.

    Dated: September 22, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-24046 Filed 9-27-95; 8:45 am]
BILLING CODE 3410-02-P