[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Rules and Regulations]
[Pages 16765-16767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8097]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Docket No. FV94-925-1-FIR]
Grapes Grown in a Designated Area of Southeastern California;
Expenses for the 1995 Fiscal Year
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 the interim final rule
that authorized expenses for the California Desert Grape Administrative
Committee (Committee) under Marketing Order No. 925 for the 1995 fiscal
year. Authorization of this budget enables the Committee to incur
expenses that are reasonable and necessary to administer its program.
[[Page 16766]] EFFECTIVE DATE: January 1, 1995, through December 31,
1995.
FOR FURTHER INFORMATION CONTACT: Charles L. Rush, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, Room 2523-S, Washington, D.C. 20090-6456, telephone: (202)
690-3670; or Rose Aguayo, California Marketing Field Office, Fruit and
Vegetable Division, AMS, USDA, 2202 Monterey Street, Suite 102 B,
Fresno, California 93721, telephone: (209) 487-5901.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement and Order No. 925 (7 CFR Part 925) regulating the handling of
table grapes grown in a designated area of 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 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 authorizes expenditures for the 1995
fiscal year, beginning January 1, 1995, through December 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 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 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 20 handlers of grapes regulated under the
marketing order each season and approximately 90 grape producers in
California. 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.
The table grape marketing order, administered by the Department,
requires that the assessment rate for a particular fiscal year apply to
all assessable grapes handled from the beginning of such year. Annual
budgets of expenses are prepared by the Committee, the agency
responsible for local administration of this marketing order, and
submitted to the Department for approval. The members of the Committee
are handlers and producers of California table grapes. They are
familiar with the Committee's needs and with the costs for goods,
services, and personnel in their local area, and are thus in a position
to formulate appropriate budgets. The Committee's 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 the anticipated expenses by expected shipments of table
grapes. Because that rate is applied to actual shipments, it must be
established at a rate which will provide sufficient income to pay the
Committee's expected expenses.
The Committee met on October 20, 1994, and unanimously recommended
expenses of $54,427 and an assessment rate of $0.005 per lug. However,
the reserve fund was in excess of the amount of expenses for one year.
Section 925.42 of the order specifies that the reserve fund may not
exceed approximately one fiscal year's expenses. Accordingly, the
Department returned the recommendation to the Committee for
reconsideration.
The Committee conducted a telephone vote on November 21, 1994, and
approved by a majority vote a revised budget with an additional $20,000
for salaries. There were two Committee members who were unavailable to
vote. The Committee's recommended revised total expense is $74,427,
which is $29,117 less in expenses than the previous year.
The Committee also recommended not to have an assessment rate for
the 1995 fiscal year. The $2,500 in interest income and $71,927 from
the Committee's authorized reserves will adequately cover estimated
expenses.
Major expense categories for the 1995 fiscal year include $24,000
for the Western Grape Leaf Skeletonizer project, $12,487 for salaries,
$20,000 for salaries of Los Angeles Market inspectors and $4,440 for
rent. Funds in the reserve at the end of the 1995 fiscal year are
estimated at $93,431.
This action will not impose additional costs on handlers. The
Administrator of the AMS has determined that this action will not have
a significant economic impact on a substantial number of small
entities.
This action was issued as an interim final rule on January 12,
1995, and published in the Federal Register (60 FR 3725, January 19,
1995). A 30-day comment period was provided for interested persons. No
comments were received.
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.
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. In addition, handlers are aware of this action which was
originally recommended by the Committee at a public meeting and
reconsidered and approved by the Committee through a telephone vote 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 in 7 CFR Part 925
Grapes, Marketing agreements and orders, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 925 is
amended as follows: [[Page 16767]]
PART 925--GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN
CALIFORNIA
Accordingly, the interim final rule amending 7 CFR part 925 which
was published at 60 FR 3725 on January 19, 1995, is adopted as a final
rule without change.
Dated: March 28, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-8097 Filed 3-31-95; 8:45 am]
BILLING CODE 3410-02-P
