[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19783]
[[Page Unknown]]
[Federal Register: August 12, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 993
[Docket No. FV94-993-1IFR]
Dried Prunes Produced in California; 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. 993 for the
1994-95 crop year. Authorization of this budget enables the Prune
Marketing 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 beginning August 1, 1994, through July 31, 1995.
Comments received by September 12, 1994, 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: 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 Richard P. Van Diest, California Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, 2202 Monterey Street, suite 102B,
Fresno, California 93721, telephone 209-487-5901.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 993, both as amended (7 CFR part 993),
regulating the handling of dried prunes produced in 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 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 provisions of the marketing
order now in effect, California prunes are subject to assessments. It
is intended that the assessment rate as issued herein will be
applicable to all assessable prunes handled during the 1994-95 crop
year, which begins August 1, 1994, and ends July 31, 1995. 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 provisions 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 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 1,360 producers of California prunes under
this marketing order, and approximately 20 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 California prune
producers and handlers may be classified as small entities.
The budget of expenses for the 1994-95 crop year was prepared by
the Prune Marketing Committee, the agency responsible for local
administration of the marketing order, and submitted to the Department
of Agriculture for approval. The members of the Committee are producers
and handlers of California prunes. 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 dried California
prunes. 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 June 28, 1994, and unanimously recommended a
1994-95 budget of $270,200, $21,395 more than the previous year. Budget
items for 1994-95 which have increased compared to those budgeted for
1993-94 (in parentheses) are: Executive salaries, $83,850 ($81,500),
clerical salaries, $18,650 ($17,600), employee benefits, $15,800
($14,500), audit fees, $3,650 ($3,500), office rent, $21,500 ($19,000),
postage and messenger, $5,000 ($4,500), telephone, $2,500 ($2,000),
fieldman travel, $4,000 ($3,500), purchase of equipment, $4,500
(3,000), acreage survey $10,000 ($5,000), and reserve for
contingencies, $19,250 ($6,705). Items which have decreased compared to
the amount budgeted for 1993-94 (in parentheses) are: Temporary help,
$5,000 ($8,000), and data processing, $3,500 ($7,000). All other items
are budgeted at last year's amounts.
The Committee also unanimously recommended an assessment rate of
$1.60 per salable ton, $0.30 less than the previous year. This rate,
when applied to anticipated shipments of 168,875 salable tons, will
yield $270,200 in assessment income, which will be adequate to cover
budgeted expenses. Any funds not expended by the Committee during a
crop year may be used, pursuant to Sec. 993.81(c), for a period of five
months subsequent to that crop year. At the end of such period, the
excess funds are returned or credited to handlers.
While this action will impose some additional costs on handlers,
the costs are in the form of uniform assessments on 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 action will not have a significant economic impact on a
substantial number of small entities.
After consideration of all relevant matter presented, including the
information and recommendations 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 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 crop year
begins on August 1, 1994, and the marketing order requires that the
rate of assessment for the fiscal period apply to all assessable
California prunes handled during the crop year; (3) handlers are aware
of this action which was unanimously recommended by the Committee at a
public meeting and is similar to other budget 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 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 993 is
amended as follows:
PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA
1. The authority citation for 7 CFR part 993 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. A new Sec. 993.345 is added to read as follows:
Note: This section will not appear in the Code of Federal
Regulations.
Sec. 993.345 Expenses and assessment rate.
Expenses of $270,200 by the Prune Marketing Committee are
authorized, and an assessment rate of $1.60 per salable ton of dried
prunes is established for the crop year ending July 31, 1995.
Unexpended funds may be carried over as a reserve within the
limitations specified in Sec. 993.81(c).
Dated: August 8, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-19783 Filed 8-11-94; 8:45 am]
BILLING CODE 3410-02-P
