[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Pages 8926-8927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3837]
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DEPARTMENT OF AGRICULTURE
7 CFR PART 915
[Docket No. FV93-911-1FR; Amendment]
Increase in Expenses for Marketing Order Covering Avocados Grown
in South Florida
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; amendment.
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SUMMARY: The Department of Agriculture (Department) is amending the
final rule that authorized expenses and established an assessment rate
for the Florida Avocado Administrative Committee (Committee) under
Marketing Order No. 915 for the 1994-95 fiscal year. This final rule
authorizes an increased level of expenses for the 1994-95 fiscal year.
Authorization of this budget enables the Committee to incur expenses
that are reasonable and necessary to administer its program. Funds to
administer the program are derived from assessments on handlers.
EFFECTIVE DATE: April 1, 1994, through March 31, 1995.
FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle, Marketing Order
Administration Branch, F&V, AMS, USDA, P.O. Box 96456, Room 2524-S,
Washington, DC 20090-6456; telephone: (202) 720-5127; or Aleck Jonas,
Southeast Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter
Haven, Florida 338833, telephone: (813) 299-4770.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement and Order No. 915 (7 CFR Part 915), as amended, regulating
the handling of avocados grown in south Florida. 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 is issuing this rule in conformance with Executive
Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule increases the authorized level of
expenses for the 1994-95 fiscal year which began April 1, 1994, and
ends March 31, 1995. This 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 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 action 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 approximately 95 producers of avocados grown in south
Florida, and approximately 65 handlers who are subject to regulation
under the avocado 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 the avocado producers and
handlers may be classified as small entities.
The marketing order requires that the assessment rate for a
particular fiscal year shall apply to all assessable avocados handled
from the beginning of [[Page 8927]] such year. An annual budget of
expenses is prepared by the Committee and submitted to the Department
for approval. The members of the Committee are producers and handlers
of avocados. They are familiar with the Committee's needs and with the
costs for goods, services, and personnel in its area and are thus in a
position to formulate an appropriate budget. The budget is formulated
and discussed in a public meeting. Thus, all directly affected persons
have an opportunity to participate and provide input.
The assessment rate recommended by the Committee is derived by
dividing anticipated expenses by expected shipments of avocados.
Because this rate is applied to actual shipments, it must be
established at a rate which will produce sufficient income to pay the
Committee's expected expenses. Expenses for the Committee are incurred
on a continuous basis. Therefore, the budget and assessment rate
approval must be expedited so that the Committee will have funds to pay
its expenses.
The Committee met on December 8, 1993, and unanimously recommended
1994-95 marketing order expenditures of $97,000 and an assessment rate
of $0.16 per 55-pound bushel of avocados. In comparison, 1993-94 fiscal
year budgeted expenditures were $113,846, which is $16,846 more than
the $97,000 recommended for the 1994-95 fiscal year. The assessment
rate of $0.16 per bushel remained the same as last year's assessment
rate of $0.16. The major budget categories for 1994-95 were $28,000 for
administrative staff salaries, $15,600 for compliance, and $10,100 for
employee benefits.
Assessment income for 1994-95 was estimated to total $96,000 based
on anticipated fresh domestic shipments of 600,000 55-pound bushels of
avocados. Interest on savings was expected to add an additional $1,000
to income. Sufficient reserve funds were available to cover any
unexpected shortfall in projected income. Funds in the reserve at the
end of the 1994-95 fiscal year were estimated to be $100,000. These
reserve funds will be within the maximum permitted by the order of
three fiscal years' expenses.
The expenses and assessment rate were authorized by an interim
final rule issued on January 25, 1994, and published in the Federal
Register (59 FR 5073, February 3, 1994). A 30-day comment period was
provided for interested persons. No comments were received.
The Committee met again on March 9, 1994, and unanimously
recommended to increase expenses from $97,000 to $99,500, an increase
of $2,500 in expenses from the previously authorized amount. The
additional funds provided money for increased monitoring of water table
levels in south Florida. No change was recommended for the assessment
rate. Sufficient reserve funds were available to cover the increased
expenses.
The increase in expenses was authorized in the finalization of the
interim final rule issued on April 15, 1994, and published in the
Federal Register (59 FR 18943, April 21, 1994).
The Committee met again on November 9, 1994, and unanimously
recommended to further increase expenses by $16,920. This increases the
total 1994-95 expense amount from $99,500 to $116,420. The additional
increase in expenses was recommended to provide funding for the Avocado
Lace Bug Research Project. The avocado lace bug has been the most
persistent pest of the avocado and its population numbers have been
increasing for the last two years. No change was recommended in the
approved assessment rate. Adequate funds exist in the Committee's
reserve to cover the increase in expenses.
This action will not impose additional costs 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.
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.
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 or to engage in further public
procedure 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 fiscal
year began on April 1, 1994, and the Committee needs to have approval
to pay its expenses which are incurred on a continuous basis; (2)
handlers are aware of this action which was unanimously recommended by
the Committee at a public meeting; and (3) no increase in the
assessment rate is being recommended so no additional funds will need
to be collected from handlers.
List of Subjects in CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Part 915 is hereby
amended as follows:
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
1. The authority citation for 7 CFR Part 915 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Note: This section will not appear in the annual Code of Federal
Regulations.
Sec. 915.232 [Amended]
2. Section 915.232 is amended by removing the number ``$99,500''
and adding in its place ``$116,420''.
Dated: February 8, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-3837 Filed 2-15-95; 8:45 am]
BILLING CODE 3410-02-P
