[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27232]
Federal Register / Vol. 59, No. 212 / Thursday, November 3, 1994 /
[[Page Unknown]]
[Federal Register: November 3, 1994]
VOL. 59, NO. 212
Thursday, November 3, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 955
[Docket No. FV94-955-2FIR]
Vidalia Onions Grown in Georgia; Expenses and 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, without change, the provisions of an interim final rule
that authorized expenses and established an assessment rate that will
generate funds to pay those expenses. Authorization of this budget
enables the Vidalia Onion Committee (Committee) to incur expenses that
are reasonable and necessary to administer the program. Funds to
administer this program are derived from assessments on handlers.
EFFECTIVE DATES: September 16, 1994, through September 15, 1995.
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-
9918, or Aleck J. Jonas, Southeast Marketing Field Office, Fruit and
Vegetable Division, AMS, USDA, P.O. Box 2276, Winter Haven, FL 33883-
2276, telephone 813-299-4770.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 955 (7 CFR part 955), regulating the handling
of Vidalia onions grown in Georgia. 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 rule has been reviewed under Executive Order 12778, Civil
Justice Reform. Under the provisions of the marketing order now in
effect, Vidalia onions are subject to assessments. It is intended that
the assessment rate as issued herein will be applicable to all
assessable onions handled during the 1994-95 fiscal period, which began
September 16, 1994, and ends September 15, 1995. This final rule will
not preempt any State or local law, regulations, or policies, unless
they present an irreconcilable conflict with this rule.
The Act provides that 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 provisions 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. 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 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 250 producers of Georgia Vidalia onions
under this marketing order, and approximately 145 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
Vidalia onion producers and handlers may be classified as small
entities.
The budget of expenses for the 1994-95 fiscal period was prepared
by the Vidalia Onion Committee, the agency responsible for local
administration of the marketing order, and submitted to the Department
of Agriculture for approval. The members of the Committee are producers
and handlers of Vidalia onions. They are familiar with the Committee's
needs and with the costs of goods and services in their local area 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 Committee was derived by
dividing anticipated expenses by expected shipments of Vidalia onions.
Because that rate will be applied to actual shipments, it must be
established at a rate that will provide sufficient income to pay the
Committee's expenses.
The Committee met July 14, 1994, and unanimously recommended a
1994-95 budget of $332,000, $69,050 more than the previous year. Budget
items for 1994-95 which have increased compared to those budgeted for
1993-94 (in parentheses) are: Travel & auto expenses, $6,000 ($4,000),
liability insurance and bonds, $1,000 ($500), professional fees, $2,500
($2,000), office supplies, $3,000 ($1,300), telephone, $4,000 ($3,500),
Committee member expense, $1,000 ($500), contract management, wages,
and salaries, $60,000 ($59,600), miscellaneous general and
administrative, $1,000 ($500), research, $80,000 ($78,500), marketing,
$132,000 ($82,500), and $4,250 for FICA employer, $13,500 for employee
benefits, and $8,000 for contract outside labor, for which no funding
was recommended last year. Items which have decreased compared to those
budgeted for 1993-94 (in parentheses) are: Equipment purchases, $3,000
($4,500), office overhead, $3,000 ($12,900), and $150 in interest, and
$250 for petty cash, for which no funding was recommended this year.
The Committee also unanimously recommended an assessment rate of
$0.10 per 50-pound bag or equivalent of Vidalia onions, the same as
last year. This rate, when applied to anticipated shipments of
2,867,500 50-pound bags or equivalents of Vidalia onions, would yield
$286,750. The Committee also anticipates shipments of 50,000 50-pound
bags of previously unassessed Vidalia onions which have been in
storage, which will yield an additional $5,000 in assessment income.
This, along with $5,250 in interest income and $35,000 from the
Committee's authorized reserve, will be adequate to cover budgeted
expenses. Funds in the Committee's authorized reserve of $167,766 are
within the maximum permitted by the order of three fiscal periods'
expenses.
An interim final rule was published in the Federal Register on
September 1, 1994 (59 FR 45188). That interim final rule added
Sec. 955.207 to authorize expenses and establish an assessment rate for
the Committee. That rule provided that interested persons could file
comments through October 3, 1994. No comments were received.
While this rule 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 rule 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 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.
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 (5 U.S.C. 553) because the Committee needs to have
sufficient funds to pay its expenses which are incurred on a continuous
basis. The 1994-95 fiscal period began on September 16, 1994. The
marketing order requires that the rate of assessment for the fiscal
period apply to all assessable onions handled during the fiscal period.
In addition, handlers are aware of this action which was unanimously
recommended by the Committee at a public meeting and published in the
Federal Register as an interim final rule.
List of Subjects in 7 CFR Part 955
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 955 is
amended as follows:
PART 955--VIDALIA ONIONS GROWN IN GEORGIA
Accordingly, the interim final rule amending 7 CFR part 955 which
was published at 59 FR 45188 on September 1, 1994, is adopted as a
final rule without change.
Dated: October 28, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-27232; Filed 11-2-94; 8:45 am]
BILLING CODE 3410-02-P
