[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 40954-40956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19782]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 922, 923, and 924
[Docket No. FV96-922-2 IFR]
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 establishes assessment rates for
Marketing Order Nos. 922, 923 and 924 for the 1996-97 and subsequent
fiscal periods. The Washington Apricot Marketing Committee, Washington
Cherry Marketing Committee, and Washington-Oregon Fresh Prune Marketing
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.
DATES: Effective on April 1, 1996. Comments received by September 6,
1996, 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, PO 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: Tershirra Yeager, Marketing Assistant,
Marketing Order Administrative Branch, Fruit and Vegetable Division,
AMS, USDA, PO Box 96456, Room 2522-S, Washington, DC 20090-6456,
telephone (202) 720-5127, FAX (202) 720-5698, or Teresa L. Hutchinson,
Marketing Specialist, 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. Small
businesses may request information on compliance with this regulation
by contacting: Jay Guerber, Marketing Order Administration Branch,
Fruit and Vegetable Division, AMS, USDA, PO Box 96456, Room 2523-S,
Washington, DC 20090-6456; telephone: (202) 720-2491, Fax# (202) 720-
5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and 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,
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
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
apricots, cherries, and prunes beginning April 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 handlers are 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 55 handlers of Washington apricots, 55
handlers of Washington sweet cherries, and 30 handlers of Washington-
Oregon fresh prunes subject to regulation under the 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 Washington apricot,
[[Page 40955]]
Washington cherry, and Washington-Oregon fresh prune producers and
handlers may be classified as small entities. Interested persons are
invited to submit information on the regulatory and informational
impacts of this action on small businesses.
The orders provide authority for the Committees, with the approval
of the Department, to formulate annual budgets of expenses and collect
assessments from handlers to administer the programs. The members of
the Committees are producers and handlers of 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.
The Washington Apricot Marketing Committee met on May 16, 1996, and
unanimously recommended 1996-97 expenditures of $9,385 and an
assessment rate of $3.00 per ton of apricots. In comparison, last
year's budgeted expenditures were $9,594.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of apricots grown
in designated counties in Washington. Apricot shipments for the year
are estimated at 2,300 tons which should provide $6,900 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 Washington Cherry Marketing Committee met on May 17, 1996, and
unanimously recommended 1996-97 expenditures of $56,665 and assessment
rate of $1.00 per ton of cherries. In comparison, last year's budgeted
expenditures were $55,393.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of cherries grown
in designated counties in Washington. Shipments for the year are
estimated at 30,000 tons which should provide $30,000 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 Washington-Oregon Fresh Prune Committee met on May 29, 1996,
and unanimously recommended 1996-97 expenditures of $6,645 and an
assessment rate of $1.00 per ton of fresh prunes. In comparison, last
year's budgeted expenditures were $10,018.
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.
Fresh prune shipments for the year are estimated at 2,700 tons which
should provide $2,700 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 Committees voted against having an assessment rate for their
respective programs for the 1995-96 fiscal year. Major expenditures
recommended by the Committees for the 1996-97 year include salary
expenses, and office expenses.
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 orders. Therefore, the AMS has determined that this rule will
not have a significant economic impact on a substantial number of small
entities.
The assessment rates established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by the
Secretary upon recommendation and information submitted by the
Committees or other available information.
Although these assessment rates are effective for an indefinite
period, the Committees will continue to meet prior to or during each
fiscal period to consider recommendations for modification of the
assessment rates. The dates and times of Committee meetings are
available from the Committees 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 rates are needed. Further rulemaking will be undertaken
as necessary. The Committees' 1996-97 budgets 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 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) The Committees need to have sufficient funds to
pay their expenses which are incurred on a continuous basis; (2) the
1996-97 fiscal period began on April 1, 1996, and the marketing orders
require that the rates of assessment for each fiscal period apply to
all assessable apricots, cherries and prunes handled during such fiscal
period; (3) handlers are aware of the actions which were recommended by
the Committees at public meetings and are 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.
Note: These sections will appear in the code of Federal
Regulations.
[[Page 40956]]
PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON
2. A new subpart--Assessment Rate consisting of a new Sec. 922.235
is added to read as follows:
Subpart--Assessment Rate
Sec. 922.235 Assessment rate.
On and after April 1, 1996, an assessment rate of $3.00 per ton is
established for the Washington Apricot Marketing Committee.
PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
3. A new center heading--Assessment Rate consisting of a new
Sec. 923.236 is added to read as follows:
Assessment Rate
Sec. 923.236 Assessment Rate.
On and after April 1, 1996, an assessment rate of $1.00 per ton is
established for the Washington Cherry Marketing Committee.
PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
AND IN UMATILLA COUNTY, OREGON
4. A new subpart--Assessment Rate consisting of a new Sec. 924.236
is added to read as follows:
Subpart--Assessment Rate
Sec. 924.236 Assessment rate.
On and after April 1, 1996, an assessment rate of $1.00 per ton is
established for the Washington-Oregon Fresh Prune Marketing Committee.
Dated: July 30, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-19782 Filed 8-6-96; 8:45 am]
BILLING CODE 3410-02-P
