[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54292-54294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26084]



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DEPARTMENT OF AGRICULTURE
7 CFR Parts 922, 923, and 924

[Docket No. FV95-922-2FIR]


Expenses and Assessment Rates for the 1995-96 Fiscal Year for 
Specified Marketing Orders

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, without change, the provisions of the interim final rule 
which authorized expenses for the 1995-96 fiscal year for Marketing 
Orders 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 these programs are derived from assessments on handlers.

EFFECTIVE DATE: April 1, 1995, through March 31, 1996.

FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
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 final rule is issued under Marketing 
Agreement 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 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 
final rule will not 

[[Page 54293]]
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 affected persons 
have an opportunity to participate and provide input.
    The assessment rate recommended by each Committee is derived by 
dividing anticipated expenses by the tons of fresh fruit expected to be 
shipped under the order. Because the rates are applied to actual 
shipments, they must be established at rates which will produce 
sufficient income to pay the Committees' expected expenses. 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, budget and assessment rate approvals 
must be expedited so that the Committees will have funds to pay their 
expenses.
    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.
    An interim final rule was published in the Federal Register [60 FR 
39104, August 1, 1995] and provided a 30-day comment period for 
interested persons. No comments were received. 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.
    It is found that the specified expenses for the marketing order 
covered in this rule are reasonable and likely to be incurred and that 
such expenses will tend to effectuate the declared policy of the Act.
    After consideration of all relevant material presented, including 
the Committees' recommendations and other available information, it is 
found that this rule as herein after set forth, 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 Committees need to have sufficient funds 
to pay its expenses which are incurred on a continuous basis. The 1995-
96 fiscal year for the program began April 1, 1995. In addition, 
handlers are aware of this action which was recommended by the 
Committees 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

7 CFR Part 922

    Apricots, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 923

    Cherries, Marketing agreements, Reporting and recordkeeping 
requirements. 

[[Page 54294]]


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.

PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON

    Accordingly, the interim final rule amending 7 CFR part 922 which 
was published at 60 FR 39104 on August 1, 1995, is adopted as a final 
rule without change.

PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

    Accordingly, the interim final rule amending 7 CFR part 923 which 
was published at 60 FR 39104 on August 1, 1995, is adopted as a final 
rule without change.

PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON 
AND UMATILLA COUNTY, OREGON

    Accordingly, the interim final rule amending 7 CFR part 924 which 
was published at 60 FR 39104 August 1, 1995, is adopted as a final rule 
without change.

    Dated: October 12, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-26084 Filed 10-20-95; 8:45 am]
BILLING CODE 3410-02-P