[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26929]
Federal Register / Vol. 59, No. 209 / Monday, October 31, 1994 /
[[Page Unknown]]
[Federal Register: October 31, 1994]
VOL. 59, NO. 209
Monday, October 31, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Docket No. FV94-984-1IFR]
Walnuts Grown in California; Expenses and Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule authorizes expenditures and
establishes an assessment rate under Marketing Order No. 984 for the
1994-95 marketing year. Authorization of this budget enables the Walnut
Marketing Board (Board) to incur expenses that are reasonable and
necessary to administer the program. Funds to administer this program
are derived from assessments on handlers.
DATES: Effective August 1, 1994, through July 31, 1995. Comments
received by November 30, 1994, will be considered prior to issuance of
a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this action. 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: Martha Sue Clark, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2523-S, Washington, DC 20090-6456, telephone 202-720-
9981, or Richard P. Van Diest, California Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, suite 102B, 2202 Monterey Street,
Fresno, CA 93721, telephone 209-487-5901.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 984, both as amended (7 CFR part 984),
regulating the handling of walnuts grown in California. The marketing
agreement and order 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 interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. Under the provisions of the marketing
order now in effect, California walnuts are subject to assessments. It
is intended that the assessment rate as issued herein will be
applicable to all assessable walnuts handled during the 1994-95
marketing year, which began August 1, 1994, and ends July 31, 1995.
This interim final 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 requesting a 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 in equity to review
the Secretary's ruling not later than 20 days after the date of the
entry of the ruling.
Pursuant to the 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 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 5,000 producers of California walnuts under
this marketing order, and approximately 65 handlers. 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 California walnut
producers and handlers may be classified as small entities.
The budget of expenses for the 1994-95 marketing year was prepared
by the Walnut Marketing Board, the agency responsible for local
administration of the marketing order, and submitted to the Department
for approval. The members of the Board are producers and handlers of
California walnuts. They are familiar with the Board's needs and with
the costs of goods and services in their local areas and are thus in a
position to formulate an appropriate budget. The budget was formulated
and discussed in a public meeting. Thus, all directly affected persons
have had an opportunity to participate and provide input.
The assessment rate recommended by the Board was derived by
dividing anticipated expenses by expected merchantable certifications
of California walnuts. Because that rate will be applied to the actual
quantity of certified merchantable walnuts, it must be established at a
rate that will provide sufficient income to pay the Board's expenses.
The Board met September 9, 1994, and unanimously recommended a
1994-95 budget of $2,170,772, $229,125 more than the previous year.
Budget items for 1994-95 which have increased compared to those
budgeted for 1993-94 (in parentheses) are: Administrative salaries,
$101,712 ($101,331), Board expenses, $35,000 ($32,000), office rent,
$26,419 ($25,704), domestic market research and development, $953,000
($875,000), walnut production research, $718,302 ($438,488), crop
survey, $45,000 ($43,000), and crop estimate, $60,000 ($52,000). Items
which have decreased compared to the amount budgeted for 1993-94 (in
parentheses) are: social security and hospital insurance taxes, $8,129
($9,700), group life, retirement, and medical, $44,370 ($47,485),
office salaries, $40,740 ($40,771), equipment maintenance and
warranties, $10,000 ($12,000), furniture, fixtures, and automobiles,
$5,000 ($20,000), and production research director, $40,000 ($91,068).
The Board also eliminated funding for export market research and
development and the reserve for contingencies for which $20,000 and
$50,000 were recommended last year, respectively. All other items are
budgeted at last year's amounts.
The Board also unanimously recommended an assessment rate of
$0.0111 per kernelweight pound, $0.0021 more than the previous year.
This rate, when applied to anticipated shipments of 198,000,000
kernelweight pounds of merchantable walnuts, will yield $2,197,800 in
assessment income, which will be adequate to cover budgeted expenses.
Unexpended funds may be used temporarily during the first five months
of the subsequent marketing year, but must be made available to the
handlers from whom collected within that period.
While this action will impose some additional costs on handlers,
the costs are in the form of uniform assessments on 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 Administrator of the AMS has determined
that this action will not have a significant economic impact on a
substantial number of small entities.
After consideration of all relevant matter presented, including the
information and recommendations submitted by the Board 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 action until 30 days after publication in the Federal Register
because: (1) The Board needs to have sufficient funds to pay its
expenses which are incurred on a continuous basis; (2) the marketing
year began on August 1, 1994, and the marketing order requires that the
rate of assessment for the marketing year apply to all assessable
walnuts handled during the marketing year; (3) handlers are aware of
this action which was unanimously recommended by the Board at a public
meeting and similar to other budget 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 action.
List of Subjects in 7 CFR Part 984
Marketing agreements, Nuts, Reporting and recordkeeping
requirements, Walnuts.
For the reasons set forth in the preamble, 7 CFR part 984 is
amended as follows:
PART 984--WALNUTS GROWN IN CALIFORNIA
1. The authority citation for 7 CFR part 984 is revised to read as
follows:
Authority: 7 U.S.C. 601-674.
2. A new Sec. 984.345 is added to read as follows:
Note: This section will not appear in the Code of Federal
Regulations.
Sec. 984.345 Expenses and assessment rate.
Expenses of $2,170,772 by the Walnut Marketing Board are
authorized, and an assessment rate of $0.0111 per kernelweight pound of
merchantable walnuts is established for the marketing year ending July
31, 1995. Unexpended funds may be used temporarily during the first
five months of the subsequent marketing year, but must be made
available to the handlers from whom collected within that period.
Dated: October 26, 1994.
Larry B. Lace,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-26929 Filed 10-28-94; 8:45 am]
BILLING CODE 3410-02-P
