[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41805-41807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20459]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 922, 923, and 924
[Docket No. FV97-922-2 IFR]
Reduced Assessment Rates 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 decreases the assessment rates
established under Marketing Order Nos. 922, 923, and 924 for the 1997-
98, and subsequent fiscal periods. The Washington Apricot Marketing
Committee, Washington Cherry Marketing Committee, and Washington-Oregon
Fresh Prune Committee (Committees) are responsible for local
administration of the marketing orders which regulate the handling of
apricots and cherries grown in designated counties in Washington, and
prunes grown in designated counties in Washington and in Umatilla
County, Oregon. Authorization to assess apricot, cherry, and prune
handlers enables the Committees to incur expenses that are reasonable
and necessary to administer the programs. The 1997-98 fiscal periods
for these marketing orders cover the period April 1 through March 31.
The assessment rates will continue in effect indefinitely until
amended, suspended, or terminated.
DATES: Effective on August 5, 1997. Comments received by September 3,
1997, 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, Room 2525-S, P.O. Box
96456, 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: Teresa L. Hutchinson, Northwest
Marketing Field Office, Fruit and Vegetable Division, AMS, USDA, 1220
SW Third Avenue, Room 369, Portland, OR 97204; telephone: (503) 326-
2724, Fax: (503) 326-7440 or George J. Kelhart, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, Room
2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
690-3919, 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,
Room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone:
(202) 720-2491, Fax: (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreements and Order No. 922 (7 CFR 922), regulating the handling of
apricots grown in designated counties in Washington; Marketing Order
No. 923 (7 CFR 923) regulating the handling of sweet cherries grown in
designated counties in Washington; and Marketing Order No. 924 (7 CFR
924) regulating the handling of fresh prunes grown in designated
counties in Washington and Umatilla County, Oregon, 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 12988, Civil
Justice Reform. Under the marketing orders now in effect, handlers in
the designated areas 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
Washington apricots, Washington sweet cherries, and Washington-Oregon
fresh prunes beginning April 1, 1997, 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.
This rule decreases the assessment rates established for the
Committees for the 1997-98 and subsequent fiscal periods from $3.00 to
$2.00 per ton for Washington apricots, from $1.00 to $0.75 per ton for
Washington sweet cherries, and from $1.00 to $0.75 per ton for
Washington-Oregon fresh prunes.
The orders provide authority for the Committees, with the approval
of the Department, to formulate an annual budget of expenses and
collect assessments from handlers to administer the programs. The
members of the Committees are producers and handlers in designated
counties in Washington and in Umatilla County, Oregon. 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.
For the 1996-97 and subsequent fiscal periods, the Committees
recommended, and the Department approved, an assessment rate that would
continue in effect from fiscal period to fiscal period
[[Page 41806]]
indefinitely unless modified, suspended, or terminated by the Secretary
upon recommendation and information submitted by the Committee or other
information available to the Secretary.
The Washington Apricot Marketing Committee met on May 13, 1997, and
unanimously recommended 1997-98 expenditures of $9,917 and an
assessment rate of $2.00 per ton of apricots. In comparison, last
year's budgeted expenditures were $9,385. The assessment rate of $2.00
is $1.00 less than the rate currently in effect. At the current rate of
$3.00 per ton and an estimated 1997 fresh apricot production of 5,300
tons, the projected reserve on March 31, 1998, would exceed the maximum
level authorized by the order of one fiscal period's operational
expenses. The Committee discussed assessment rates of $1.00 and $1.50,
but decided that an assessment rate of less than $2.00 would not
generate the income necessary to administer the program with an
adequate reserve.
The assessment rate recommended by the committee was derived by
dividing anticipated expenses by expected shipments of apricots grown
in designated counties in Washington. Applying the $2.00 per ton rate
of assessment to the Committee's 5,300 ton shipment estimate should
provide $10,600 in assessment income. Income derived from handler
assessments, along with interest income and funds from the Committee's
authorized reserve, will be adequate to cover budgeted expenses. Funds
in the reserve will be kept withint he maximum permitted by the order.
The Washington Cherry Marketing Committee met on May 12, 1997, and
unanimously recommended 1997-98 expenditures of $57,545 and an
assessment rate of $0.75 per ton of cherries. In comparison, Last
year's budgeted expenditures were $56,665. The assessment rate of $0.75
is $0.25 less than the rate currently in effect. At the current rate of
$1.00 perton and an estimated 1997 sweet cherry production of 54,000
tons, the projected reserve on March 31, 1998, would exceed the maximum
level authorized by the order of one fiscal period's operational
expenses. The Committee discussed an assessment rate of $0.50, but
decided that an assessment rate of less than $0.75 would not generate
the income necessary to administer the program with an adequate
reserve.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of sweet cherries
grown in designated counties in Washington. With cherry shipments for
the year estimated at 54,000 tons, the assessment rate of $0.75 should
provide $40,500 in assessment income. Income derived from handler
assessments, along with interest income and funds from 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.
The Oregon-Washington Fresh Prune Marketing Committee met on May
28, 1997, and unanimously recommended 1997-98 expenditures of $7,233
and an assessment rate of $0.75 per ton of prunes. In comparison, last
year's budgeted expenditures were $6,645. The assessment rate of $0.75
is $0.25 less than the rate currently in effect. At the current rate of
$1.00 per ton and an estimated 1997 fresh prune production of 6,000
tons, the projected reserve on March 31, 1998, would exceed the maximum
level authorized by the order of one fiscal period's operational
expenses. The Committee discussed an assessment rate of $0.50, but
decided that an assessment rate of less than $0.75 would not generate
the income necessary to administer the program with an adequate
reserve.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of fresh prunes
grown in designated counties in Washington, and Umatilla County,
Oregon. With fresh prune shipments for the year estimated at 6,000
tons, the $0.75 per ton assessment rate should provide $4,500 in
assessment income. Income derived from handler assessments, along with
interest income and funds from 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.
Major expenses recommended by the Committees for the 1997-98 year
include manager's salary, office rent and maintenance, Committee
travel, and compliance officer.
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 undertake as necessary. The Committee's
1997-98 budget and those for subsequent fiscal periods will be reviewed
and, as appropriate, approved by the Department.
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. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
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 190 Washington apricot producers, 1,100
Washington sweet cherry producers, and 350 Washington-Oregon fresh
prune producers in the respective production areas. In addition, there
are approximately 55 Washington apricot handlers, 55 Washington sweet
cherry handlers, and 30 Washington-Oregon fresh prune handlers subject
to regulation under the respective marketing orders. 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 Washington apricot,
Washington sweet cherry, and Washington-Oregon fresh prune producers
and handlers may be classified as small entities.
This rule decreases the assessment rates established for the
Committees and collected from handlers for the 1997-98 and subsequent
fiscal periods. The Committees unanimously recommended 1997-98
expenditures of $9,917 for apricots, $57,545 for cherries, and $7,233
for prunes and an assessment rate of $2.00 per ton of apricots, $0.75
per ton for cherries, and $0.75 per ton for prunes. The assessment rate
of $2.00 for apricots is $1.00 less than the rate currently in effect.
The assessment rates of $0.75 for cherries and prunes are
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$0.25 less than the rates currently in effect. At current assessment
rates, the Committees' reserves were projected to exceed the amount
authorized in the orders of approximately one fiscal period's
operational expenses. Therefore, the Committees voted to lower their
respective assessment rates and use more of their reserves to cover
expenses.
The Committees discussed alternatives to this rule, including
alternative expenditure levels. Lower assessment rates were considered,
but not recommended because they would not generate the income
necessary to administer the programs with adequate reserves. Major
expenses recommended by the Committees for the 1997-98 year include
manager's salary, office rent and maintenance, Committee travel, and
compliance officer.
Apricot shipments for 1997 are estimated at 5,300 tons, which
should provide $10,600 in assessment income. Income derived from
handler assessments, along with funds from the authorized reserve will
be adequate to cover budgeted expenses. Funds in the reserve will be
kept within the maximum permitted by the order.
Sweet cherry shipments for 1997 are estimated at 54,000 tons, which
should provide $40,500 in assessment income. Income derived from
handler assessments, along with funds from the authorized reserve will
be adequate to cover budgeted expenses. Funds in the reserve will be
kept within the maximum permitted by the order.
Fresh prune shipments for 1997 are estimated at 6,000 tons, which
should provide $4,500 in assessment income. Income derived from handler
assessments, along with funds from the authorized reserve will be
adequate to cover budgeted expenses. Funds in the reserve will be kept
within the maximum permitted by the order.
Recent price information indicates that the grower price for the
1997-98 season will range between $600 and $1,400 per ton for
Washington apricots, between $1,500 and $2,200 per ton for Washington
sweet cherries, and between $200 and $500 per ton for Washington-Oregon
fresh prunes. Therefore, the estimated assessment revenue for the 1997-
98 fiscal period as a percentage of total grower revenue will range
between 0.14 and 0.33 percent for Washington apricots, between 0.03 and
0.05 percent for Washington sweet cherries, and between 0.15 and 0.38
percent for Washington-Oregon fresh prunes.
This action will reduce the assessment obligation imposed on
handlers. While this rule will impose some additional costs on
handlers, the costs are minimal and 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 orders. In addition, the Committees'
meetings were widely publicized throughout the Washington apricot,
Washington sweet cherry, and Washington-Oregon fresh prune industries
and all interested persons were invited to attend and participate in
the Committees' deliberations on all issues. Like all meetings of these
Committees, the May 12, 13, and 28 meetings were public meetings and
all entities, both large and small, were able to express views on this
issue. Finally, interested persons are invited to submit information on
the regulatory and informational impacts of this action on small
businesses.
This action will not impose any additional reporting or
recordkeeping requirements on either small or large Washington apricot,
Washington sweet cherry, or Washington-Oregon fresh prune handlers. As
with all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule. After consideration of
all relevant material presented, including the 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 rule until 30 days after publication in the Federal
Register because: (1) This action reduces the current assessment rates
for Washington apricots and cherries, and Washington-Oregon fresh
prunes; (2) the 1997-98 fiscal period began on April 1, and the
marketing orders require that the rate of assessment for each fiscal
period apply to all assessable Washington apricots, Washington sweet
cherries, and Washington-Oregon fresh prunes handled during such fiscal
period; (3) handlers are aware of this action which was unanimously
recommended by the Committees at public meetings and is 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 922
Apricots, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 923
Cherries, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 924
Plums, Prunes, Marketing agreements, 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
continue to read as follows:
Authority: 7 U.S.C. 601-674.
PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON
2. Section 922.235 is amended by removing ``April 1, 1996,'' and
adding in its place ``April 1, 1997,'' and by removing ``$3.00'' and
adding in its place ``$2.00.''
PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
3. Section 923.236 is amended by removing ``April 1, 1996,'' and
adding in its place ``April 1, 1997,'' and by removing ``$1.00'' and
adding in its place ``$0.75.''
PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
AND IN UMATILLA COUNTY, OREGON
4. Section 924.236 is amended by removing ``April 1, 1996,'' and
adding in its place ``April 1, 1997,'' and by removing ``$1.00'' and
adding in its place ``$0.75.''
Dated: July 29, 1997.
Ronald L. Cioffi,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 97-20459 Filed 8-1-97; 8:45 am]
BILLING CODE 3410-02-P
