95-26084. Expenses and Assessment Rates for the 1995-96 Fiscal Year for Specified Marketing Orders  

  • [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]
    
    
    
    -----------------------------------------------------------------------
    
    
    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.
    
    -----------------------------------------------------------------------
    
    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
    
    

Document Information

Published:
10/23/1995
Department:
Agriculture Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-26084
Dates:
April 1, 1995, through March 31, 1996.
Pages:
54292-54294 (3 pages)
Docket Numbers:
Docket No. FV95-922-2FIR
PDF File:
95-26084.pdf
CFR: (3)
7 CFR 922
7 CFR 923
7 CFR 924