[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Rules and Regulations]
[Pages 43146-43147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20661]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 953

[Docket No. FV96-953-1 FIR]


Southeastern Potatoes; Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, with an addition, the provisions of an interim final rule 
that established an assessment rate for the Southeastern Potato 
Committee (Committee) under Marketing Order No. 953 for the 1996-97 and 
subsequent fiscal periods. The Committee is responsible for local 
administration of the marketing order which regulates the handling of 
Irish potatoes grown in two southeastern States (Virginia and North 
Carolina). Authorization to assess potato handlers enables the 
Committee to incur expenses that are reasonable and necessary to 
administer the program.

DATES: Effective on June 1, 1996.

FOR FURTHER INFORMATION CONTACT:
Martha Sue Clark, Program Assistant, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 
2523-S, Washington, DC 20090-6456, telephone 202-720-9918, FAX 202-720-
5698. 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, DC 20090-6456, telephone 202-720-2491, FAX 202-720-
5698.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 104 and Order No. 953, both as amended (7 CFR part 953, 
regulating the handling of Irish potatoes grown in two southeastern 
States (Virginia and North Carolina), hereinafter referred to as the 
``order.'' The order is 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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, Virginia-North 
Carolina potato handlers are subject to assessments. Funds to 
administer the order are derived from such assessments. It is intended 
that the assessment rate as issued herein will be applicable to all 
assessable potatoes beginning June 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 of 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 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 150 producers of Southeastern potatoes in 
the production area and approximately 60 handlers subject to regulation 
under the marketing order. 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 Southeastern potato producers and handlers 
may be classified as small entities.
    The Southeastern potato marketing order provides authority for the 
Committee, with the approval of the Department, to formulate an annual 
budget of expenses and collect assessments from handlers to administer 
the program. The members of the Committee are producers and handlers of 
Southeastern potatoes. 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 and assessment rate. 
The assessment rate is formulated and discussed in a public meeting. 
Thus, all directly affected persons have an opportunity to participate 
and provide input.
    The Committee met on April 18, 1996, and unanimously recommended 
1996-97 expenditures of $12,000, the same as last year, and an 
assessment rate of $0.0075 per hundredweight. The assessment rate of 
$0.0075 is $0.0025 higher than last year's established rate. The major 
expenditures include $7,800 for the manager's and secretarial salaries 
and $900 for travel expenses.
    The assessment rate recommended by the Committee was based on last 
year's shipments of 1,549,268 hundredweight of Southeastern potatoes, 
which should provide $11,619,51 in assessment income. Income derived 
from handler assessments, along with 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.

[[Page 43147]]

    An interim final rule regarding this action was published in the 
May 31, 1996, issue of the Federal Register (61 FR 27248). That interim 
final rule added a new subpart heading--Assessment Rates and 
Sec. 953.253 to establish an assessment rate for the Committee. That 
rule provided that interested persons could file comments through July 
1, 1996. No comments were received.
    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 order. Therefore, the AMS has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    The assessment rate established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by the 
Secretary upon recommendation and information submitted by the 
Committee or other available information.
    Although this assessment rate is effective for an indefinite 
period, the Committee will continue to meet prior to or during each 
fiscal period to recommend a budget of expenses and consider 
recommendations for modification of the assessment rate. The dates and 
times of Committee meetings are available from the Committee 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 rate is needed. 
Further rulemaking will be undertaken as necessary. The Committee's 
1996-97 budget 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 Committee 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.
    This final rule also adds a new subpart heading--Handling 
Regulations to the Code of Federal Regulations immediately preceding 
Sec. 953.322 Handling regulation.
    Pursuant to 5 U.S.C. 553, it is also found and determined 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 
Committee needs to have sufficient funds to pay its expenses which are 
incurred on a continuous basis; (2) the 1996-97 fiscal period began on 
June 1, 1996, and the marketing order requires that the rate of 
assessment for each fiscal period apply to all assessable potatoes 
handled during such fiscal period; (3) handlers are aware of this 
action which was unanimously recommended by the Committee at a public 
meeting and is similar to other assessment rate actions issued in past 
years; and (4) an interim final rule was published on this action and 
provided for a 30-day comment period, and no comments were received.

List of Subjects in 7 CFR Part 953

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    Accordingly, the interim final rule amending 7 CFR part 953 which 
was published at 61 FR 27248 on May 31, 1996, is adopted as a final 
rule with the following change:

PART 953--IRISH POTATOES GROWN IN SOUTHEASTERN STATES

    1. The authority citation for 7 CFR part 953 continues to read as 
follows:

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

PART 953--[ADDED]

    2. Part 953 is amended by adding a new subpart heading immediately 
preceding Sec. 953.322 to read as follows:

    Note: This subpart heading will appear in the Code of Federal 
Regulations.

Subpart--Handling Regulations

    Dated: August 8, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-20661 Filed 8-20-96; 8:45 am]
BILLING CODE 3410-02-P-M