[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 40954-40956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19782]


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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Parts 922, 923, and 924

[Docket No. FV96-922-2 IFR]


Assessment Rates 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 establishes assessment rates for 
Marketing Order Nos. 922, 923 and 924 for the 1996-97 and subsequent 
fiscal periods. The Washington Apricot Marketing Committee, Washington 
Cherry Marketing Committee, and Washington-Oregon Fresh Prune Marketing 
Committee (Committees) are responsible for local administration of the 
marketing orders which regulate the handling of apricots and cherries 
grown in designated counties in Washington, and prunes grown in 
designated counties in Washington and in Umatilla County, Oregon. 
Authorization to assess apricot, cherry and prune handlers enables the 
Committees to incur expenses that are reasonable and necessary to 
administer the programs.

DATES: Effective on April 1, 1996. Comments received by September 6, 
1996, 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, PO 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: Tershirra Yeager, Marketing Assistant, 
Marketing Order Administrative Branch, Fruit and Vegetable Division, 
AMS, USDA, PO Box 96456, Room 2522-S, Washington, DC 20090-6456, 
telephone (202) 720-5127, FAX (202) 720-5698, or Teresa L. Hutchinson, 
Marketing Specialist, Northwest Marketing Field Office, Fruit and 
Vegetable Division, AMS, USDA, 1220 SW Third Avenue, room 369, 
Portland, OR 97204, telephone (503) 326-2724, FAX (503) 326-7440. Small 
businesses may request information on compliance with this regulation 
by contacting: Jay Guerber, Marketing Order Administration Branch, 
Fruit and Vegetable Division, AMS, USDA, PO Box 96456, Room 2523-S, 
Washington, DC 20090-6456; telephone: (202) 720-2491, Fax# (202) 720-
5698.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and 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, 
hereinafter referred to as the ``orders.'' 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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing orders now in effect, handlers in 
designated areas are subject to assessments. Funds to administer the 
orders are derived from such assessments. It is intended that the 
assessment rates as issued herein will be applicable to all assessable 
apricots, cherries, and prunes beginning April 1, 1996, and continuing 
until amended, suspended, or terminated. This 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 request a modification of the order or to be exempted 
therefrom. Such handlers are 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 to review the 
Secretary's ruling on the petition, provided an action is filed not 
later than 20 days after the date of the entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), 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 55 handlers of Washington apricots, 55 
handlers of Washington sweet cherries, and 30 handlers of Washington-
Oregon fresh prunes subject to regulation under the 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 Washington apricot,

[[Page 40955]]

Washington cherry, and Washington-Oregon fresh prune producers and 
handlers may be classified as small entities. Interested persons are 
invited to submit information on the regulatory and informational 
impacts of this action on small businesses.
    The orders provide authority for the Committees, with the approval 
of the Department, to formulate annual budgets of expenses and collect 
assessments from handlers to administer the programs. The members of 
the Committees are producers and handlers of designated counties in 
Washington and in Umatilla County, Oregon. They are familiar with the 
Committees needs and with the costs for goods and services in their 
local area and are thus in a position to formulate appropriate budgets 
and assessment rates. The assessment rates are formulated and discussed 
in public meetings. Thus, all directly affected persons have an 
opportunity to participate and provide input.
    The Washington Apricot Marketing Committee met on May 16, 1996, and 
unanimously recommended 1996-97 expenditures of $9,385 and an 
assessment rate of $3.00 per ton of apricots. In comparison, last 
year's budgeted expenditures were $9,594.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of apricots grown 
in designated counties in Washington. Apricot shipments for the year 
are estimated at 2,300 tons which should provide $6,900 in assessment 
income. Income derived from handler assessments, along with interest 
income and funds from the Committee's authorized reserve, will be 
adequate to cover budgeted expenses. Funds in the reserve will be kept 
within the maximum permitted by the order.
    The Washington Cherry Marketing Committee met on May 17, 1996, and 
unanimously recommended 1996-97 expenditures of $56,665 and assessment 
rate of $1.00 per ton of cherries. In comparison, last year's budgeted 
expenditures were $55,393.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of cherries grown 
in designated counties in Washington. Shipments for the year are 
estimated at 30,000 tons which should provide $30,000 in assessment 
income. Income derived from handler assessments, along with interest 
income and funds from the Committee's authorized reserve, will be 
adequate to cover budgeted expenses. Funds in the reserve will be kept 
within the maximum permitted by the order.
    The Washington-Oregon Fresh Prune Committee met on May 29, 1996, 
and unanimously recommended 1996-97 expenditures of $6,645 and an 
assessment rate of $1.00 per ton of fresh prunes. In comparison, last 
year's budgeted expenditures were $10,018.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of fresh prunes 
grown in designated counties in Washington and Umatilla County, Oregon. 
Fresh prune shipments for the year are estimated at 2,700 tons which 
should provide $2,700 in assessment income. Income derived from handler 
assessments, along with interest income and funds from the Committee's 
authorized reserve, will be adequate to cover budgeted expenses. Funds 
in the reserve will be kept within the maximum permitted by the order.
    The Committees voted against having an assessment rate for their 
respective programs for the 1995-96 fiscal year. Major expenditures 
recommended by the Committees for the 1996-97 year include salary 
expenses, and office expenses.
    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 orders. Therefore, the AMS has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    The assessment rates established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by the 
Secretary upon recommendation and information submitted by the 
Committees or other available information.
    Although these assessment rates are effective for an indefinite 
period, the Committees will continue to meet prior to or during each 
fiscal period to consider recommendations for modification of the 
assessment rates. The dates and times of Committee meetings are 
available from the Committees or the Department. Committee meetings are 
open to the public and interested persons may express their views at 
these meetings. The Department will evaluate Committee recommendations 
and other available information to determine whether modification of 
the assessment rates are needed. Further rulemaking will be undertaken 
as necessary. The Committees' 1996-97 budgets and those for subsequent 
fiscal periods will be reviewed and, as appropriate, approved by the 
Department.
    After consideration of all relevant material presented, including 
the information and recommendation 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 rule until 30 days after publication in the Federal 
Register because: (1) The Committees need to have sufficient funds to 
pay their expenses which are incurred on a continuous basis; (2) the 
1996-97 fiscal period began on April 1, 1996, and the marketing orders 
require that the rates of assessment for each fiscal period apply to 
all assessable apricots, cherries and prunes handled during such fiscal 
period; (3) handlers are aware of the actions which were recommended by 
the Committees at public meetings and are similar to other assessment 
rate 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

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

    Plums, Prunes, Marketing agreements, 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 
continue to read as follows:

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

    Note: These sections will appear in the code of Federal 
Regulations.

[[Page 40956]]

PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON

    2. A new subpart--Assessment Rate consisting of a new Sec. 922.235 
is added to read as follows:

Subpart--Assessment Rate


Sec. 922.235  Assessment rate.

    On and after April 1, 1996, an assessment rate of $3.00 per ton is 
established for the Washington Apricot Marketing Committee.

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

    3. A new center heading--Assessment Rate consisting of a new 
Sec. 923.236 is added to read as follows:

Assessment Rate


Sec. 923.236  Assessment Rate.

    On and after April 1, 1996, an assessment rate of $1.00 per ton is 
established for the Washington Cherry Marketing Committee.

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

    4. A new subpart--Assessment Rate consisting of a new Sec. 924.236 
is added to read as follows:

Subpart--Assessment Rate


Sec. 924.236  Assessment rate.

    On and after April 1, 1996, an assessment rate of $1.00 per ton is 
established for the Washington-Oregon Fresh Prune Marketing Committee.

    Dated: July 30, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-19782 Filed 8-6-96; 8:45 am]
BILLING CODE 3410-02-P