96-21492. Idaho-Eastern Oregon Onions; Assessment Rate

[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Rules and Regulations]
[Pages 43415-43417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21492]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[Docket No. FV96-958-2 FIR]


Idaho-Eastern Oregon Onions; Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, with a correction, the provisions of an interim final rule 
that established an assessment rate for the Idaho-Eastern Oregon Onion 
Committee (Committee) under Marketing Order No. 958 for the 1996-97 and 
subsequent fiscal periods. The Committee is responsible for local 
administration of the marketing order which regulates the handling of 
onions grown in designated counties in Idaho, and Malheur County, 
Oregon. Authorization to assess onion handlers enables the Committee to 
incur expenses that are reasonable and necessary to administer the 
program.

DATES: Effective on July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Martha Sue Clark, Program Assistant, 
Marketing Order Administration Branch, Fruit and Vegetable Division, 
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456, 
telephone [phone], FAX [phone], or Robert J. Curry, 
Marketing Specialist, Northwest Marketing Field Office, Fruit and 
Vegetable Division, AMS, USDA, Green-Wyatt Federal Building, room 369, 
1220 Southwest Third Avenue, Portland, OR 97204, telephone 503-326-
2724, FAX [phone]. 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 [phone].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 130 and Order No. 958, both as

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amended (7 CFR part 958), regulating the handling of onions grown in 
designated counties in Idaho, and Malheur County, Oregon. The order is 
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 is issuing this rule in conformance with Executive 
Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, Idaho-Eastern 
Oregon onion 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 
onions beginning July 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 550 producers of Idaho-Eastern Oregon 
onions in the production area and approximately 34 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 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 Idaho-Eastern Oregon onion 
producers and handlers may be classified as small entities.
    The Idaho-Eastern Oregon onion marketing order provides authority 
for the Committee, with the approval of the Department, to formulate an 
annual budget of expenses and collect assessments from handlers to 
administer the program. The members of the Committee are producers and 
handlers of Idaho-Eastern Oregon 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 and assessment. The assessment rate is formulated and discussed 
in a public meeting. Thus, all directly affected persons have an 
opportunity to participate and provide input.
    The Committee met on March 21, 1996, and unanimously recommended 
1996-97 expenditures of $1,115,993 and an assessment rate of $0.10 per 
hundredweight of onions. In comparison, last year's budgeted 
expenditures were $1,111,447. The assessment rate of $0.10 is the same 
as last year's established rate. Major expenditures recommended by the 
Committee for the 1996-97 year include $10,000 for Committee expenses, 
$123,593 for salary expenses, $62,400 for travel and office expenses, 
$60,000 each for research and export, $725,000 for promotion, and 
$75,000 for a contingency fund. Budgeted expenses for these items in 
1995-96 were $10,000, $121,431, $61,600, $59,340, $60,000, $724,076, 
and $75,000, respectively.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of Idaho-Eastern 
Oregon onions. Onion shipments for the year are estimated at 8,800,000 
hundredweight, which should provide $880,000 in assessment income. 
Income derived from handler assessments, along with funds from interest 
income and 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.
    An interim final rule regarding this action was published in the 
May 31, 1996, issue of the Federal Register (61 FR 27250). That interim 
final rule added a new subpart heading--Assessment Rates and 
Sec. 958.240 to establish an assessment rate for the Committee. That 
rule provided that interested persons could file comments through July 
1, 1996. No comments were received.
    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 rate established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by the 
Secretary upon recommendation and information submitted by the 
Committee or other available information.
    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 of expenses and consider 
recommendations for modification of the assessment rate. The dates and 
times of Committee meetings are available from the Committee or the 
Department. Committee meetings are open to the public and interested 
persons may express their views at these meetings. The Department will 
evaluate Committee recommendations and other available information to 
determine whether modification of the assessment rate is needed. 
Further rulemaking will be undertaken as necessary. The Committee's 
1996-97 budget 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 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.
    This final rule also adds a new subpart heading--Handling 
Regulations to the Code of Federal Regulations immediately preceding 
Sec. 958.328 Handling regulation.
    Pursuant to 5 U.S.C. 553, it is also found and determined 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 
Committee needs to have sufficient funds to pay its expenses which are 
incurred on a continuous

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basis; (2) the 1996-97 fiscal period began on July 1, 1996, and the 
marketing order requires that the rate of assessment for each fiscal 
period apply to all assessable potatoes 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) an interim 
final rule was published on this action and provided for a 30-day 
comment period, and no comments were received.

List of Subjects in 7 CFR Part 958

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

    Accordingly, the interim final rule amending 7 CFR part 958 which 
was published at 61 FR 27250 on May 31, 1996, is adopted as a final 
rule with the following change:

PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND 
MALHEUR COUNTY, OREGON

    1. The authority citation for 7 CFR part 958 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Part 958 is amended by adding a new subpart heading immediately 
preceding Sec. 958.328 to read as follows:

    Note: This subpart heading will appear in the Code of Federal 
Regulations.

Subpart--Handling Regulations

    Dated: August 16, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-21492 Filed 8-22-96; 8:45 am]
BILLING CODE 3410-02-P