[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18880]
[[Page Unknown]]
[Federal Register: August 3, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Parts 922, 923, and 924
[Docket No. FV94-922-2IFR]
Expenses and Assessment Rates for the 1994-95 Fiscal Year for
Specified Marketing Orders
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule authorizes expenses and establishes
assessment rates for the 1994-95 fiscal year for Marketing Orders
(M.O.) No.'s 922 and 923, covering apricots and sweet cherries grown in
designated counties in Washington, and M.O. No. 924 covering fresh
prunes grown in designated counties in Washington and in Umatilla
County, Oregon. Authorization of these budgets enables the Washington
Apricot Marketing Committee, the Washington Cherry Marketing Committee,
and the Washington-Oregon Fresh Prune Marketing Committee (Committees)
established under these marketing orders to incur expenses that are
reasonable and necessary to administer the programs. Funds to
administer the programs are derived from assessments on handlers.
DATES: Effective beginning April 1, 1994, through March 31, 1995.
Comments must be received by September 2, 1994.
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; or by FAX: (202) 720-5698. All
comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle, 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; or Teresa Hutchinson, Northwest Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, 1220 SW Third Avenue, Room 369,
Portland, OR 97204; telephone: (503) 326-2724.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
Marketing Agreements and Marketing Order No. 922 [7 CFR Part 922]
regulating the handling of apricots grown in designated counties in
Washington; Marketing Order No. 923 [7 CFR Part 923] regulating the
handling of sweet cherries grown in designated counties in Washington;
and Marketing Order No. 924 [7 CFR Part 924] regulating the handling of
fresh prunes grown in designated counties in Washington and in Umatilla
County, Oregon. 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 interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. Under the marketing order provisions now
in effect, apricots and sweet cherries grown in designated counties in
Washington, and fresh prunes grown in designated counties in Washington
and in Umatilla County, Oregon are subject to assessments. It is
intended that the assessment rates specified herein will be applicable
to all assessable apricots, sweet cherries, and fresh prunes handled
during the 1994-95 fiscal year, which began April 1, 1994, through
March 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 provision 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. A 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 date of the entry of the ruling.
Pursuant to 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 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 about 55 handlers of Washington apricots, 55 handlers of
Washington sweet cherries, and 30 handlers of Washington-Oregon fresh
prunes subject to regulation under their respective marketing orders.
In addition, there are about 190 Washington apricot producers, 1,100
Washington sweet cherry producers, and 350 Washington-Oregon fresh
prune producers in the respective production areas. 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 these handlers and
producers may be classified as small entities.
An annual budget of expenses is prepared by each marketing order
committee and submitted to the Department for approval. The members of
the Committees are handlers and producers of the regulated commodities.
They are familiar with the Committees' needs and with the costs for
goods, services, and personnel in their local areas and are thus in a
position to formulate appropriate budgets. The budgets are formulated
and discussed in public meetings. Thus, all directly affected persons
have an opportunity to participate and provide input.
The assessment rate recommended by each Committee is derived by
dividing anticipated expenses by the tons of fresh fruit expected to be
shipped under the order. Because the rates are applied to actual
shipments, they must be established at rates which will produce
sufficient income to pay the Committees' expected expenses. Recommended
budgets and rates of assessment are usually acted upon by the
Committees shortly before a season starts, and expenses are incurred on
a continuous basis. Therefore, budget and assessment rate approvals
must be expedited so that the Committees will have funds to pay their
expenses.
The Washington Apricot Marketing Committee met on May 16, 1994, and
unanimously recommended 1994-95 expenditures of $13,602, which is
$1,216 more in expenses than the $12,386 amount that was recommended
for the 1993-94 fiscal year.
The Committee also unanimously recommended an assessment rate of
$0.00 per ton of fresh apricots, which is a decrease of $2.50 in the
assessment rate. In comparison, the 1993-94 assessment rate was $2.50
per ton. The Committee unanimously recommended bringing forward its
reserve fund of $22,170 to pay budgeted expenses for the 1994-95 fiscal
year as an alternative to charging handlers an assessment rate.
Shipments of fresh apricots are estimated at 5,200 tons.
Funds in the reserve at the end of the 1994-95 fiscal year,
estimated at $8,568, will be within the maximum permitted by the order
of one fiscal year's expenses.
The Washington Cherry Marketing Committee met on May 17, 1994, and
unanimously recommended 1994-95 expenses of $100,213 and an assessment
rate of $1.00 per ton of sweet cherries. In comparison, 1993-94
budgeted expenses were $139,313, with an approved assessment rate of
$3.00 per ton. This represents a $39,100 decrease in expenses and a
$2.00 decrease in the assessment rate from the amounts recommended for
the current fiscal year.
The assessment rate, when applied to anticipated shipments of
40,000 tons of cherries, would yield $40,000 in assessment income.
Adequate funds exist in the Committee's reserve to cover additional
expenses.
Funds in the reserve at the end of the 1994-95 fiscal year,
estimated at $74,695, will be within the maximum permitted by the order
of one fiscal year's expenses.
The Washington-Oregon Fresh Prune Marketing Committee met on June
1, 1994, and recommended 1994-95 expenses of $18,760, which represents
a $8,042 decrease in expenses from the $26,802 that was recommended for
1993-94 fiscal year.
The Committee also unanimously recommended an assessment rate of
$1.00 per ton of fresh prunes. In comparison, this is $2.00 less than
the $3.00 per ton assessment rate that was approved for the previous
fiscal year. Shipments of fresh prunes for 1994 are estimated at 6,500
tons, which would yield $6,500 in assessment income. Adequate funds
exist in the Committee's reserve to cover additional expenses.
Funds in the reserve at the end of the 1994-95 fiscal year,
estimated at $22,800, will be within the maximum permitted by the order
of one fiscal year's expenses.
Major expense categories for the Committees are for the
administration of these marketing orders and for fresh prune research
and sweet cherry market development activities. Administrative expenses
include those for salaries, travel, and office operations. The stone
fruit marketing Committees share office expenses, based on an agreement
among the Committees.
While this action 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 from the operation of the
marketing orders. 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
information and recommendations 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 action 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 1994-95
fiscal year for the Committees began April 1, 1994, and the marketing
orders require that the rates of assessment for the fiscal year apply
to all assessable apricots, sweet cherries, and fresh prunes handled
during the fiscal year; 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
7 CFR Part 922
Apricots, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 923
Cherries, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 924
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR parts 922, 923,
and 924 are amended as follows:
1. The authority citation for 7 CFR parts 922, 923, and 924
continues to read as follows:
Authority: 7 U.S.C. 601-674.
Note: These sections will not appear in the Code of Federal
Regulations.
PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON
2. A new Sec. 922.233 is added to read as follows:
Sec. 922.233 Expenses and assessment rate.
Expenses of $13,602 by the Washington Apricot Marketing Committee
are authorized for the fiscal year ending March 31, 1995.
PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
3. A new Sec. 923.234 is added to read as follows:
Sec. 923.234 Expenses and assessment rate.
Expenses of $100,213 by the Washington Cherry Marketing Committee
are authorized, and an assessment rate of $1.00 per ton is established
for the fiscal year ending March 31, 1995. Any unexpended funds may be
carried over as a reserve.
PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
AND UMATILLA COUNTY, OREGON
4. A new Sec. 924.234 is added to read as follows:
Sec. 924.234 Expenses and assessment rate.
Expenses of $18,760 by the Washington-Oregon Fresh Prune Marketing
Committee are authorized, and an assessment rate of $1.00 per ton of
assessable prunes is established for the fiscal year ending March 31,
1995. Any unexpended funds may be carried over as a reserve.
Dated: July 28, 1994.
Terry C. Long,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-18880 Filed 8-2-94; 8:45 am]
BILLING CODE 3410-02-P
