96-12835. Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products Regulations Governing Inspection and Certification  

  • [Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
    [Rules and Regulations]
    [Pages 25549-25550]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12835]
    
    
    
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    Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules 
    and Regulations
    
    [[Page 25549]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    
    7 CFR Part 52
    
    [FV-96-326]
    
    
    Processed Fruits and Vegetables, Processed Products Thereof, and 
    Certain Other Processed Food Products Regulations Governing Inspection 
    and Certification
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Final rule.
    
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    SUMMARY: This final rule revises the Regulations Governing Inspection 
    and Certification of Processed Fruits and Vegetables and Certain Other 
    Products \1\ by increasing the lot inspection and less than year round 
    fees charged for the inspection of processed fruits and vegetables and 
    certain other products. These revisions are necessary in order to 
    recover, as nearly as practicable, the costs of performing inspection 
    services under the Agricultural Marketing Act of 1946.
    
    
        \1\ May include the following: Honey; molasses, except for 
    stockfeed; nuts and nut products, except oil; sugar (cane, beet, and 
    maple); sirups (blended), sirups, except from grain; tea, cocoa, 
    coffee, spices, condiments.
    ---------------------------------------------------------------------------
    
    EFFECTIVE DATE: October 6, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Mr. James R. Rodeheaver, Branch Chief, 
    Processed Products Branch, Fruit and Vegetable Division, Agricultural 
    Marketing Service, U.S. Department of Agriculture, P.O. Box 96456, Room 
    0709 South Building, Washington, D.C. 20090-6456, Telephone (202) 720-
    4693.
    
    SUPPLEMENTARY INFORMATION: This rule has been determined to be not 
    significant for purposes of Executive Order 12866, and therefore has 
    not been reviewed by the Office of Management and Budget.
        This final rule has been reviewed under Executive Order 12778, 
    Civil Justice Reform. This action is not intended to have retroactive 
    effect. This rule would not preempt any State or local laws, 
    regulations, or policies, unless they present an irreconcilable 
    conflict with this rule. There are no administrative procedures which 
    must be exhausted prior to any judicial challenge to the provisions of 
    this rule.
        The Agricultural Marketing Service (AMS), has certified that this 
    action will not have a significant economic impact on a substantial 
    number of small entities, as defined in the Regulatory Flexibility Act. 
    The final rule reflects certain fee increases needed to recover the 
    costs of services rendered in accordance with the Agricultural 
    Marketing Act (AMA) of 1946. The inspection, grading and certification 
    program for processed fruits and vegetables and related products is 
    voluntary.
        The AMA authorizes voluntary official inspection, grading, and 
    certification on a user-fee basis, of processed food products including 
    processed fruits, vegetables, and processed products made from them. 
    The AMA provides that reasonable fees be collected from the user of the 
    program services to cover as nearly as practicable the costs of 
    services rendered. This final rule amends the schedule of fees and 
    charges for lot inspection and less than year round inspection services 
    rendered to the processed fruit and vegetable industry to reflect the 
    costs currently associated with the program.
        AMS regularly reviews these programs to determine if fees are 
    adequate. Employee salary and benefits are major program costs that 
    account for approximately 85 percent of the total operating budget. A 
    general and locality salary increase for Federal employees, ranging 
    from 3.09 to 6.25 percent depending on locality, effective January 
    1995, has materially affected program costs. Another general and 
    locality salary increase, ranging from 2.39 to 2.87 percent depending 
    upon locality (amounting to approximately $625,000), was effective 
    January 1996; further standardization program costs, previously funded 
    by appropriated funds, must be paid for by user fees.
        While a concerted effort to cut costs resulted in overhead savings 
    of $623,926 in FY95 over FY94, the last fee increase in August 1994 did 
    not result in collection of enough revenue to cover all these increases 
    and still maintain an adequate reserve balance (four months of costs) 
    called for by Agency policy and prudent financial management. Currently 
    the Processed Products Branch (PPB) trust fund reserve balance for all 
    programs is approximately $1.480 mil. under the desirable level of 
    $11.031. Further action is necessary to meet rising costs and maintain 
    adequate reserve balances. This action will assist in moving the PPB 
    trust fund toward a more adequate level and will result in an estimated 
    $368,000 in additional revenues. Projected FY96 revenues for the lot 
    inspection and less than year round inspection programs are $8.291 mil. 
    with costs projected at $8.194 and a reserve of $2.682.
        A notice of proposed rulemaking was published in the Federal 
    Register (61 FR 9654) on March 11, 1996 with a thirty day comment 
    period. The comment period closed on April 11, 1996. Interested persons 
    were invited to participate in this rulemaking proceeding by submitting 
    written comments on the proposal to the Agricultural Marketing Service. 
    No comments were received regarding this proposed rule.
        After consideration of all relevant matter presented, this action 
    makes final the changes as proposed on March 11, 1996. The changes are 
    made effective October 6, 1996 to coincide with the beginning of the 
    first accounting period in the 1997 fiscal year.
    
    List of Subjects in 7 CFR Part 52
    
        Food grades and standards, Food labeling, Frozen foods, Fruit 
    juices, Fruits, Reporting and record keeping requirements, and 
    Vegetables.
    
        For the reasons set forth in the preamble, 7 CFR Part 52 is amended 
    as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for 7 CFR Part 52 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 1621-1627.
    
    
    Sec. 52.42  [Amended]
    
        2. In Sec. 52.42, the figure ``$39.50'' is revised to read 
    ``$41.00''.
    
    [[Page 25550]]
    
    Sec. 52.50  [Amended]
    
        3. In Sec. 52.50, the figure ``$39.50'' is revised to read 
    ``$41.00''.
    
    
    Sec. 52.51  [Amended]
    
        4. In Sec. 52.51, paragraph (c)(2) is amended by removing the 
    figure ``$39.50'' and adding in its place ``$42.00'' and paragraph 
    (d)(1)is amended by removing the figure ``$39.50'' and adding in its 
    place ``$42.00''.
    
        Dated: May 16, 1996.
    Robert C. Keeney,
    Director, Fruit and Vegetable Division.
    [FR Doc. 96-12835 Filed 5-21-96; 8:45 am]
    BILLING CODE 3410-02-P
    
    

Document Information

Published:
05/22/1996
Department:
Agricultural Marketing Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-12835
Dates:
October 6, 1996.
Pages:
25549-25550 (2 pages)
Docket Numbers:
FV-96-326
PDF File:
96-12835.pdf
CFR: (3)
7 CFR 52.42
7 CFR 52.50
7 CFR 52.51