[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19512-19514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10871]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 915
[Docket No. FV96-915-1IFR]
Avocados Grown in South Florida; Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule establishes an assessment rate of
$0.16 per bushel of assessable avocados under Marketing Order No. 915
for the 1996-97 and subsequent fiscal periods. Authorization to assess
avocado handlers enables the Avocado Administrative Committee
(committee) to incur expenses that are reasonable and necessary to
administer the program.
DATES: Effective April 1, 1996. Comments received by June 3, 1996, will
be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this action. 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: Caroline C. Thorpe, Marketing Order
Administration Branch, Fruit and
[[Page 19513]]
Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington,
DC 20090-6456, telephone 202-720-5127, FAX (202) 720-5698, or Alex
Jonas, Marketing Specialist, Southeast Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter Haven, FL
33883-2276, telephone 813 299-4896, FAX (813) 299-5169.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 121 and Order No. 915, both as amended (7 CFR part 915),
regulating the handling of avocados grown in South Florida, hereinafter
referred to as the order. 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 interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. Under the marketing order now in effect
Florida avocado handlers are subject to assessments. Funds to
administer the order are derived from such assessments. It is intended
that the assessment rate as issued herein will be applicable to all
assessable avocados beginning April 1, 1996, and continuing until
amended or terminated. 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 request 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 to review the
Secretary's ruling on the petition, provided an action is filed not
later than 20 days after the 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 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 65 producers of avocados under the order
and approximately 95 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 avocado producers and handlers may be
classified as small entities.
This continuing rate of assessment, beginning with the 1996-97
fiscal period, was prepared by the 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 South Florida avocados. They are familiar with the
committee's needs and with the costs for goods and services in their
local area and are thus in a position to formulate an appropriate
budget and assessment rate. The assessment rate 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 South Florida
Avocados. 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 on December 13, 1995, and unanimously recommended
an assessment rate of $0.16 per bushel, the same as last season. This
rate, when applied to anticipated shipments, should yield sufficient
assessment income. This rate, along with interest income and funds from
the committee's authorized reserve, will be adequate to cover budgeted
expenses. Funds in the reserve will be kept within the maximum
permitted by the order of one fiscal period's 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.
The assessment rate established in this interim final rule,
effective April 1, 1996, will continue in effect from fiscal period to
fiscal period indefinitely unless modified, suspended, or terminated by
the Secretary upon recommendation and information submitted by the
committee or other information available to the Secretary. Heretofore,
assessment rates issued under the marketing order were made effective
for a single fiscal period. The change to issuing assessment rates
which will continue in effect from fiscal period to fiscal period
reflects the fact that assessment rates change infrequently from fiscal
period to fiscal period and it is believed unnecessary to issue them
for only a single fiscal period. In addition, this rule will result in
a reduction in operational costs to the committee and the government.
Although this assessment rate is effective for an indefinite period,
the committee will continue to meet prior to or during each fiscal
period to recommend a budget and consider recommendations for
modification of the assessment rate. The dates and times of committee
meetings are available from the Department at the address listed under
ADDRESSES. Committee meetings are open to the public and interested
persons may express their views at these meetings or may file comments
with the Docket Clerk at the address listed above before April 1, each
year. The Department will evaluate committee recommendations and
information submitted by the committee, comments filed, and other
available information, and determine whether modification of the
assessment rate on assessable shipments of South Florida Avocados would
tend to effectuate the declared policy of the Act.
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,
[[Page 19514]]
and contrary to the public interest to give preliminary notice 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 committee needs to
have sufficient funds to pay its expenses which are incurred on a
continuous basis; (2) the 1996-97 fiscal period begins on April 1,
1996, and the marketing order requires that the rate of assessment for
each fiscal period apply to all assessable avocados handled during such
fiscal period; (3) handlers are aware of this action which was
unanimously recommended by the committee at a public meeting and is
similar to other assessment rate actions 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 action.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 915 is
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.
2. A new section 915.235 is added to read as follows:
Note: This section will not appear in the annual code of Federal
Regulations.
Sec. 915.235 Assessment rate.
On and after April 1, 1996, an assessment rate of $0.16 per bushel
of assessable avocados is established for the Avocado Administrative
Committee.
Dated: April 26, 1996.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-10871 Filed 5-1-96; 8:45 am]
BILLING CODE 3410-02-P
