[Federal Register Volume 61, Number 160 (Friday, August 16, 1996)]
[Rules and Regulations]
[Pages 42529-42530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20789]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 61, No. 160 / Friday, August 16, 1996 / Rules
and Regulations
[[Page 42529]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 927 and 931
[Docket No. FV96-927-2 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. 927 and 931 for the 1996-97 and subsequent fiscal
periods. The Winter Pear Control Committee and the Northwest Fresh
Bartlett Marketing Committee (Committees) are responsible for local
administration of the marketing orders which regulate the handling of
winter pears grown in Oregon, Washington, and California and fresh
Bartlett pears grown in Oregon and Washington. Authorization to assess
winter pear and fresh Bartlett pear handlers enables the Committees to
incur expenses that are reasonable and necessary to administer the
programs.
DATES: Effective on July 1, 1996. Comments received by September 16,
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, 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: Tershirra Yeager, Marketing Assistant,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, P.O. 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, P.O. Box 96456, Room 2523-S,
Washington, D.C. 20090-6456; telephone: (202) 720-2491, FAX (202) 720-
5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 927 [7 CFR part 927], regulating the handling
of winter pears in Oregon, Washington, and California; and Marketing
Order No. 931 [7 CFR part 931] regulating the handling of fresh
Bartlett pears in Oregon and Washington, 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
winter pears and fresh Bartlett pears beginning July 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 90 handlers of winter pears and 65 handlers
of fresh Bartlett pears subject to regulation under the marketing
orders. In addition, there are about 1,800 winter pear and fresh
Bartlett pear 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
winter pear and fresh Bartlett pear 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
[[Page 42530]]
Committees are producers and handlers of Oregon, Washington, and
California pears. They are familiar with the Committees' needs and with
the pears costs for goods and services in their local areas 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 Winter Pear Control Committee met on May 31, 1996, and
unanimously recommended 1996-97 expenditures of $5,887,084 and an
assessment rate of $0.405 per standard box. In comparison, last year's
budgeted expenditures were $7,384,440, respectively.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of winter pears
grown in Oregon, Washington, and California. Winter pear shipments for
the year are estimated at 12,465,800 standard boxes which should
provide $4,674,675 for paid advertising. 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.
Major expenditures recommended by the Winter Pear Control Committee
for the 1996-97 year include $154,387 for salaries, $16,893 for health
insurance, and $23,392 for office rent. Budgeted expenses for these
items in 1995-96 were $147,152, $16,634, and $17,357, respectively.
The Northwest Fresh Bartlett Marketing Committee met on May 30,
1996, and unanimously recommended 1996-97 expenditures of $89,774 and
an assessment rate of $0.0375 per western standard pear box. In
comparison, last year's budgeted expenditures were $92,254,
respectively.
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. Shipments for the year are
estimated at 1,842,000 packed boxes which should provide $69,075 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.
Major expenditures recommended by the Northwest Fresh Bartlett
Marketing Committee for the 1996-97 year include $46,306 for salaries,
$4,991 for health insurance, and $7,016 for office rent. Budgeted
expenses for these items in 1995-96 were $44,135, $4,989 and $5,206,
respectively.
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 periods began on July 1, 1996, and the marketing orders
require that the rates of assessment for each fiscal period apply to
all assessable winter pears and fresh Bartlett pears 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 927
Winter Pears, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 931
Fresh Bartlett Pears, Marketing agreements, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR parts 927 and 931
are amended as follows:
1. The authority citation for 7 CFR parts 927 and 931 continue to
read as follows:
Authority: 7 U.S.C. 601-674.
Note: These sections will appear in the Code of Federal
Regulations.
PART 927--WINTER PEARS GROWN IN OREGON, WASHINGTON AND CALIFORNIA
2. A new center heading--Assessment Rate consisting of a new
Sec. 927.236 is added to read as follows:
Assessment Rate
Sec. 927.236 Assessment Rate.
On and after July 1, 1996, an assessment rate of $0.405 per
standard box is established for the Winter Pear Control Committee.
PART 931--FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON
3. A new center heading--Assessment Rate consisting of a new
Sec. 931.231 is added to read as follows:
Assessment Rate
Sec. 931.231 Assessment Rate.
On and after July 1, 1996, an assessment rate of $.0375 per western
standard pear box is established for the Northwest Fresh Bartlett
Marketing Committee.
Dated: August 9, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-20789 Filed 8-15-96; 8:45 am]
BILLING CODE 3410-02-P