[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Rules and Regulations]
[Pages 17433-17434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8425]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules
and Regulations
[[Page 17433]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Docket No. FV95-946-1IFR]
Irish Potatoes Grown in Washington; 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. 946 for the
1995-96 fiscal period. Authorization of this budget enables the State
of Washington Potato 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.
DATES: Effective July 1, 1995, through June 30, 1996. Comments received
by May 8, 1995, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. 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-
9918, or Dennis L. West, Northwest Marketing Field Office, Fruit and
Vegetable Division, AMS, USDA, Green-Wyatt Federal Building, room 369,
1220 Southwest Third Avenue, Portland, OR 97204, telephone 503-326-
2724.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 113 and Order No. 946, both as amended (7 CFR part 946),
regulating the handling of Irish potatoes grown in Washington. 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 interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. Under the provisions of the marketing
order now in effect, Washington potatoes are subject to assessments. It
is intended that the assessment rate as issued herein will be
applicable to all assessable potatoes handled during the 1995-96 fiscal
period, which begins July 1, 1995, and ends June 30, 1996. 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 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 the 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 450 producers of Washington potatoes under
this marketing order, and approximately 50 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 Washington potato
producers and handlers may be classified as small entities.
The budget of expenses for the 1995-96 fiscal period was prepared
by the State of Washington Potato Committee, the agency responsible for
local administration of the marketing order, and submitted to the
Department for approval. The members of the Committee are producers and
handlers of Washington potatoes. 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 Washington
potatoes. 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 February 22, 1995, and unanimously recommended a
1995-96 budget of $42,300, $4,200 more than the previous year. Budget
items for 1995-96 which have increased compared to those budgeted for
1994-95 (in parentheses) are: Miscellaneous, $2,000 ($1,500), audit,
$1,500 ($1,000), and compliance audits, $6,000 ($5,200).
[[Page 17434]] The Committee also recommended workman's compensation
tax expenses of $400 for which no funding was recommended last year and
$17,400 for an agreement with the Washington State Potato Commission to
provide certain services to the Committee as specified in the
agreement. Included in the $17,400 for this year are salaries and
salary expenses which were budgeted separately last year at $11,200 and
$1,800 and other expenses which were $2,400 for last year. In this
year's budget, these items are included under the Commission agreement.
The Committee also unanimously recommended an assessment rate of
$0.003 per hundredweight, $0.002 less than last season. This rate, when
applied to anticipated shipments of 9 million hundredweight, will yield
$27,000 in assessment income. This, along with $15,300 from the
Committee's authorized reserve will be adequate to cover budgeted
expenses. Funds in the reserve as of January 31, 1995, were $75,025,
which is within the maximum permitted by the order of two fiscal
periods' expenses.
While this rule will impose some additional costs on handlers, the
costs are in the form of uniform assessments on all 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 material presented, including
the information and recommendation 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 prior to putting this rule into
effect because: (1) The Committee needs to have sufficient funds to pay
its expenses which are incurred on a continuous basis; (2) the fiscal
period begins on July 1, 1995, and the marketing order requires that
the rate of assessment for the fiscal period apply to all assessable
potatoes handled during the fiscal period; (3) handlers are aware of
this rule which was unanimously recommended by the Committee at a
public meeting and is similar to other budget rules 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 rule.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 946 is
amended as follows:
PART 946--IRISH POTATOES GROWN IN WASHINGTON
1. The authority citation for 7 CFR part 946 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. A new Sec. 946.247 is added to read as follows:
Note: This section will not appear in the Code of Federal
Regulations.
Sec. 946.247 Expenses and assessment rate.
Expenses of $42,300 by the State of Washington Potato Committee are
authorized, and an assessment rate of $0.003 per hundredweight of
assessable potatoes is established for the fiscal period ending June
30, 1996. Unexpended funds may be carried over as a reserve.
Dated: March 31, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-8425 Filed 4-5-95; 8:45 am]
BILLING CODE 3410-02-P
