[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