[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42774-42776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20356]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 959
[Docket No. FV95-959-2IFR]
Onions Grown in South Texas; Expenses
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule authorizes expenditures under
Marketing Order No. 959 for the 1995-96 fiscal period. Authorization of
this budget enables the South Texas Onion 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, 1995, through July 31, 1996.
Comments received by September 18, 1995, will be considered prior to
issuance of a final rule.
[[Page 42775]]
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 Belinda G. Garza, McAllen Marketing Field Office, Fruit and
Vegetable Division, AMS, USDA, 1313 East Hackberry, McAllen, Texas
78501, telephone 210-682-2833.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 143 and Order No. 959, both as amended (7 CFR part 959),
regulating the handling of onions grown in South Texas. 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. This action authorizes expenditures for
the 1995-96 fiscal period, which began August 1, 1995, and ends July
31, 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 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 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 70 producers of South Texas onions under
this marketing order, and approximately 35 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 South Texas onion
producers and handlers may be classified as small entities.
The budget of expenses for the 1995-96 fiscal period was prepared
by the South Texas Onion 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 Texas onions. 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 Committee, in a mail vote, unanimously recommended a 1995-96
budget of $239,250 for personnel, office, and compliance expenses,
which is $21,450 more than the previous year. Budget items for 1995-96
which have increased compared to those budgeted for 1994-95 (in
parentheses) are: Manager's salary, $19,094 ($15,172), office salaries,
$24,000 ($22,600), payroll taxes, $4,000 ($3,100), insurance, $7,000
($6,250), rent and utilities, $6,500 ($5,000), supplies, $2,000
($1,500), postage, $1,500 ($1,000), telephone and telegraph, $4,000
($2,500), furniture and fixtures, $2,000 ($1,000), equipment rental and
maintenance, $3,500 ($2,500), contingencies, $6,706 ($3,978), manager's
travel, $5,000 ($3,000), and $3,750 for deferred compensation
(manager's retirement), which was not a line item expense last year.
All other items are budgeted at last year's amounts.
The assessment rate and funding for the research and promotion
projects will be recommended at the Committee's organizational meeting
this fall. These funds, along with the administrative expenses for
personnel, office, and compliance, will comprise the total budget.
Funds in the reserve as of June 30, 1995, estimated at $607,767, were
within the maximum permitted by the order of two fiscal periods'
expenses. These funds will be adequate to cover any expenses incurred
by the Committee prior to the approval of the assessment rate.
Since no assessment rate is being recommended at this time, no
additional costs will be imposed on handlers. 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 fiscal period began on August 1, 1995, and the
Committee needs to have approval to pay its expenses which are incurred
on a continuous basis; (2) this action is similar to that taken at the
beginning of the 1994-95 fiscal period; and (3) 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 959
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 959 is
amended as follows:
PART 959--ONIONS GROWN IN SOUTH TEXAS
1. The authority citation for 7 CFR part 959 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
[[Page 42776]]
2. A new Sec. 959.236 is added to read as follows:
Note: This section will not appear in the Code of Federal
Regulations.
Sec. 959.236 Expenses.
Expenses of $239,250 by the South Texas Onion Committee are
authorized for the fiscal period ending July 31, 1996. Unexpended funds
may be carried over as a reserve.
Dated: August 11, 1995.
Terry C. Long,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-20356 Filed 8-16-95; 8:45 am]
BILLING CODE 3410-02-P
