[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Pages 13613-13615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6227]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[FV-92-701FR]
RIN 0581-AA49
Mushroom Promotion, Research, and Consumer Information Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture is adopting with change as a
final rule an interim final rule which specified the general rules and
regulations under the Mushroom Promotion, Research, and Consumer
Information Order (Order). The interim final rule implemented
provisions of the Order concerning the nomination and appointment of
members to the Mushroom Council; the preparation and submission of
financial statements; the payment of assessments, including the
application of late payment and interest charges; the procedures for
claiming an exemption from assessments; and the filing of reports.
EFFECTIVE DATE: March 14, 1995.
FOR FURTHER INFORMATION CONTACT: Richard Schultz, Research and
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, Room 2535-S, Washington, D.C. 20090-6456, telephone: (202) 720-
5976.
SUPPLEMENTARY INFORMATION: This final rule is issued under the Mushroom
Promotion, Research, and Consumer Information Order [7 CFR Part 1209],
hereinafter referred to as the Order. The Order is authorized by the
Mushroom Promotion, Research, and Consumer Information Act of 1990 [7
U.S.C. 6101-6112], 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. It is not intended to have retroactive effect. Section
1930 of the Act provides that nothing in the Act may be construed to
preempt or supersede any other program relating to mushroom promotion,
research, consumer information, and industry information organized and
operated under the United States or any State.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 1927 of the Act, a
person subject to the Order may file with the Secretary of Agriculture
(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 an
exemption from the Order. The petitioner is afforded the opportunity
for a hearing on the petition. After such hearing, the Secretary will
make a ruling on the petition, which will be final if in accordance
with the law. The Act provides that the district courts, of the United
States in any district in which a person who is a petitioner resides or
carries on business, are vested with jurisdiction to review the ruling
on such person's petition, if a complaint for that purpose is filed
within 20 days after the date of the entry of such ruling of the
Secretary.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act [5 U.S.C. 601 et seq.] (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.
The most recent Department estimate of mushroom growers in the
United States indicates that there are 355 [[Page 13614]] growers.
There are approximately 125 growers who fall under the definition of
producer as defined in the Act and are subject to the Order. In
addition, there are approximately 100 handlers, including producers who
are also handlers, and no more than 5 importers who are subject to the
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,
which include mushroom handlers and importers, have been defined as
those having annual receipts of less than $5 million.
While a majority of the handlers and importers who are subject to
the Order are classified as small entities, a majority of the producers
who are subject to the Order are not so classified.
This action provides for the continuance of provisions implemented
in an interim final rule. Generally, producers, first handlers, and
importers will be most affected by the provisions on nominating members
to the Mushroom Council (Council); paying assessments, including the
application of late payment and interest charges; claiming an exemption
from assessments; and filing reports.
The nomination procedures specified in this action relate to the
conduct of regional caucuses and mail balloting. Although there will be
economic costs to persons participating in the nomination process
relative to opportunity costs, travel costs, and postage costs, these
costs will not be significant relative to the benefits to be gained.
These procedures provide an opportunity for persons subject to the
Order to nominate individuals and to be nominated as individuals to
serve on the Council in an orderly and timely manner.
The procedures for payment of assessments specified in this action
relate to the collection and remittance of assessments and the
application of late payment and interest charges. Although there will
be economic costs to persons subject to the Order relative to
opportunity costs, assessment collection costs, and assessment
remittance costs, these costs will not be significant relative to the
benefits to be gained. These procedures provide such persons with an
equitable and practicable framework to collect and remit assessments in
an orderly and timely manner.
The exemption procedures specified in this action allow persons not
subject to the Order to obtain an exemption from paying assessments or,
in the case of importers, a reimbursement for assessments collected.
Although there will be economic costs to persons applying for such
exemption or reimbursement relative to opportunity costs and postage
costs, these costs will not be significant relative to the benefits to
be gained. These procedures provide such persons with a practicable
means of obtaining exemptions or reimbursements in an orderly and
timely manner.
The filing of reports by persons subject to the Order is required
by the Act. The economic costs to persons filing these reports has been
reduced to a minimum and, consequently, these costs will not be
significant relative to the potential benefits to be gained. These
filings are necessary for the effective and efficient administration of
the program.
Accordingly, the Administrator of the AMS has determined that this
action will not have a significant economic impact on a substantial
number of small entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
chapter 35), the information collection requirements contained in this
action regarding a nominee background statement form, a first handler's
report, an exemption application, and an importer reimbursement
application have been approved by the OMB. The first handler's report,
the exemption application, and the importer reimbursement application
are assigned OMB control number 0581-0093. The nominee background
statement form is assigned OMB control number 0505-0001.
Background
On January 8, 1993, the Order became effective. The Order
authorizes the development of a nationally coordinated program of
promotion, research, consumer information, and industry information
designed to strengthen the mushroom industry's position in the fresh
market; maintain and expand existing markets and uses for fresh
mushrooms; and develop new markets and uses for fresh mushrooms. The
Order is administered by the Council whose members were appointed by
the Secretary in June 1993.
An interim final rule was published in the February 11, 1993, issue
of the Federal Register. The rule provided rules and regulations that
were needed to implement provisions of the Order concerning the
nomination and appointment of members to the Council; the preparation
and submission of financial statements; the payment of assessments,
including the application of late payment and interest charges; the
procedures for claiming an exemption from assessments; and the filing
of reports.
The interim final rule provided that interested persons could file
written comments through May 12, 1993. No written comments were
received.
One change is made to the rule by the Department for the purpose of
conforming to industry practice.
This change to Sec. 1209.260 of the rule is made to conform with
the industry's practice of using a producer's tax identification number
rather than farm identification number for reporting purposes.
Therefore, a first handler will be required to provide the tax
identification number, rather than the farm identification number, of
each producer with whom the first handler has dealt with during the
reporting period.
It is found that the rules and regulations, as set forth in the
February 11 interim final rule and adopted with change by this final
rule, will tend to effectuate the declared policy of the Act.
Pursuant to the provisions of 5 U.S.C. 553, it is found and
determined that good cause exists for not postponing the effective date
of this action until 30 days after publication in the Federal Register
because: (1) This action continues in effect rules and regulations
which were previously implemented on an interim basis, except for one
change to conform to industry practice; (2) producers, first handlers,
and importers are already aware of this action and will not need any
additional time to comply with it; and (3) no useful purpose will be
served by a delay of the effective date.
List of Subjects in 7 CFR Part 1209
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Mushrooms, Reporting and recordkeeping
requirements.
Accordingly, the interim final rule amending 7 CFR Part 1209 which
was published at 58 FR 8194 on February 11, 1993, is adopted as a final
rule with the following change:
PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
ORDER
1. The authority citation for Part 1209 continues to read as
follows:
Authority: 7 U.S.C. 6101-6112.
Sec. 1209.260 [Amended]
2. Section 1209.260 is amended by removing the word ``farm'' and
adding in its place ``tax''.
[[Page 13615]] Dated: March 8, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-6227 Filed 3-13-95; 8:45 am]
BILLING CODE 3410-02-P
