96-18466. Nectarines and Fresh Peaches Grown in California; Assessment Rate  

  • [Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
    [Rules and Regulations]
    [Pages 37812-37813]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-18466]
    
    
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    DEPARTMENT OF AGRICULTURE
    7 CFR Parts 916 and 917
    
    [Docket No. FV96-916-1 IFR]
    
    
    Nectarines and Fresh Peaches Grown in California; Assessment Rate
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Interim final rule with request for comments.
    
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    SUMMARY: This interim final rule establishes an assessment rate for the 
    Nectarine Administrative Committee and the Peach Commodity Committee 
    (Committees) under Marketing Order Nos. 916 and 917 for the 1996-97 and 
    subsequent fiscal periods. The Committees are responsible for local 
    administration of the marketing orders which regulate the handling of 
    nectarines and fresh peaches grown in California. Authorization to 
    assess nectarine and fresh peach handlers enable the Committees to 
    incur expenses that are reasonable and necessary to administer the 
    programs.
    
    DATES: Effective on March 1, 1996. Comments received by August 21, 
    1996, 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: Mary Kate Nelson, Marketing Assistant, 
    California Marketing Field Office, Fruit and Vegetable Division, AMS, 
    USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721, (209) 
    487-5901, FAX (209) 487-5906, or Kenneth G. Johnson, Marketing 
    Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
    Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-
    6456, telephone (202) 720-5127, FAX (202) 720-5698. Small businesses 
    may request information on compliance with this regulation by 
    contacting: Jay Guerber, Marketing Order Administration Branch, Fruit 
    and Vegetable Division, AMS, USDA, P.O. Box 96456, Room 2523-S, 
    Washington, DC 20090-6456; telephone: (202) 720-2491, Fax # (202) 720-
    5698.
    
    SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
    Agreement No. 916 and Order No. 916, both as amended (7 CFR part 916), 
    regulating the handling of nectarines grown in California, and 
    Marketing Agreement No. 917 and Order No. 917, both as amended (7 CFR 
    part 917), regulating the handling of fresh peaches grown in 
    California, hereinafter referred to as the ``orders.'' The marketing 
    agreements and orders 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 rule has been reviewed under Executive Order 12778, Civil 
    Justice Reform. Under the marketing orders now in effect, California 
    nectarine and fresh peach handlers are subject to assessments. Funds to 
    administer the orders are derived from such assessments. It is intended 
    that the assessment rates as issued herein will be applicable to all 
    assessable nectarines and peaches beginning March 1, 1996, and 
    continuing until amended, suspended, or terminated. This 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 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 1,800 producers of nectarines and peaches 
    in the production area and approximately 300 handlers subject to 
    regulation under the marketing order. Small agricultural producers have 
    been defined by the Small Business Administration (13 CFR 121.601) as 
    those having annual receipts 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 nectarine and fresh peach producers and 
    handlers may be classified as small entities.
        The nectarine and peach marketing orders provide authority for the 
    Committees, with the approval of the Department, to formulate annual 
    budgets of expenses and collect assessments from handlers to administer 
    the programs. The members of the Committees are producers and handlers 
    of California nectarines and fresh peaches. They are familiar with the 
    Committees' needs and with the costs for goods and services in their 
    local area and are thus in a position to formulate appropriate budgets 
    and assessment rates. The assessment rates are formulated and discussed 
    in public meetings. Thus, all directly affected persons have an 
    opportunity to participate and provide input.
        The Nectarine Administrative Committee met on May 2, 1996, and 
    unanimously recommended 1996-97 expenditures of $3,682,728 and an 
    assessment rate of $0.1850 per 25-pound container or equivalent of 
    nectarines. In comparison, last year's budgeted expenditures were 
    $3,683,031. The assessment rate of $0.1850 is the same as last year's 
    established rate. Major expenditures recommended by the Committee for 
    the 1996-97 year include $1,326,376 for domestic market development, 
    $972,300 for inspection, $342,250 in salaries and benefits, and 
    $120,870 for research.
        The Peach Commodity Committee met on May 1, 1996, and unanimously 
    recommended 1996-97 expenditures of $3,722,757 and an assessment rate 
    of
    
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    $0.1900 per 25-pound container or equivalent of fresh peaches. In 
    comparison, last year's budgeted expenditures were $3,736,531. The 
    assessment rate of $0.1900 is the same as last year's established rate. 
    Major expenditures recommended by the Committee for the 1996-97 year 
    include $1,326,376 for domestic market development, $991,500 for 
    inspection, $342,250 in salaries and benefits, and $120,870 for 
    research.
        The assessment rates recommended by the Committees were derived by 
    dividing anticipated expenses by expected shipments of California 
    nectarines and fresh peaches. Nectarine shipments for the year are 
    estimated at 17,266,000 25-pound containers or equivalent which should 
    provide $3,194,210 in assessment income, and fresh peach shipments for 
    the year are estimated at 17,250,000 25-pound containers or equivalent 
    which should provide $3,277,500 in assessment income. Income derived 
    from handler assessments, the Plum Commodity Committee, and the Pear 
    Field Service, along with interest income and funds from the 
    Committees' authorized reserves, will be adequate to cover budgeted 
    expenses. Funds in the reserves will be kept within the maximum 
    permitted by the orders.
        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 AMS has determined that this rule will 
    not have a significant economic impact on a substantial number of small 
    entities.
        The assessment rates established in this rule will continue in 
    effect indefinitely unless modified, suspended, or terminated by the 
    Secretary upon recommendation and information submitted by the 
    Committees or other available information.
        Although these assessment rates are effective for an indefinite 
    period, the Committees will continue to meet prior to or during each 
    fiscal period to recommend budgets of expenses and consider 
    recommendations for modification of their assessment rates. The dates 
    and times of Committee meetings are available from the Committees or 
    the Department. Committee meetings are open to the public and 
    interested persons may express their views at these meetings. The 
    Department will evaluate the Committees' recommendations and other 
    available information to determine whether modification of the 
    assessment rates are needed. Further rulemaking will be undertaken as 
    necessary. The Committees' 1996-97 budgets and those for subsequent 
    fiscal periods will be reviewed and, as appropriate, approved by the 
    Department.
        After consideration of all relevant material presented, including 
    the information and recommendation submitted by the Committees 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, and that good cause exists for not postponing the effective 
    date of this rule until 30 days after publication in the Federal 
    Register because: (1) The Committees need to have sufficient funds to 
    pay their expenses which are incurred on a continuous basis; (2) the 
    1996-97 fiscal period began on March 1, 1996, and the marketing orders 
    require that the rates of assessment for each fiscal period apply to 
    all assessable nectarines and peaches handled during such fiscal 
    period; (3) handlers are aware of this action which was unanimously 
    recommended by the Committees at public meetings and are 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 rule.
    
    List of Subjects
    
    7 CFR Part 916
    
        Marketing agreements, Nectarines, Reporting and recordkeeping 
    requirements.
    
    7 CFR Part 917
    
        Marketing agreements, Peaches, Pears, Reporting and recordkeeping 
    requirements.
        For the reasons set forth in the preamble, 7 CFR parts 916 and 917 
    are amended as follows:
    
    PART 916--NECTARINES GROWN IN CALIFORNIA
    
        1. The authority citation for 7 CFR part 916 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 601-674.
    
        2. A new subpart--Assessment Rates and a new Sec. 916.234 are added 
    to read as follows:
    
        Note: This section will appear in the Code of Federal 
    Regulations.
    
    Subpart--Assessment Rates
    
    
    Sec. 916.234   Assessment rate.
    
        On and after March 1, 1996, an assessment rate of $0.1850 per 25-
    pound container or equivalent of nectarines is established for 
    California nectarines.
    
    PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
    
        1. The authority citation for 7 CFR part 917 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 601-674.
    
        2. A new subpart--Assessment Rates and a new Sec. 917.258 are added 
    to read as follows:
    
        Note: This section will appear in the Code of Federal 
    Regulations.
    
    Subpart--Assessment Rates
    
    
    Sec. 917.258   Assessment rate.
    
        On and after March 1, 1996, an assessment rate of $0.1900 per 25-
    pound container or equivalent of fresh peaches is established for 
    California fresh peaches.
    
        Dated: July 15, 1996.
    Robert C. Keeney,
    Director, Fruit and Vegetable Division.
    [FR Doc. 96-18466 Filed 7-19-96; 8:45 am]
    BILLING CODE 3410-02-P
    
    
    

Document Information

Effective Date:
3/1/1996
Published:
07/22/1996
Department:
Agriculture Department
Entry Type:
Rule
Action:
Interim final rule with request for comments.
Document Number:
96-18466
Dates:
Effective on March 1, 1996. Comments received by August 21, 1996, will be considered prior to issuance of a final rule.
Pages:
37812-37813 (2 pages)
Docket Numbers:
Docket No. FV96-916-1 IFR
PDF File:
96-18466.pdf
CFR: (2)
7 CFR 916.234
7 CFR 917.258