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contains regulatory documents having general

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Rules and Regulations Federal Register

68755

Vol. 69, No. 227

Friday, November 26, 2004

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917

[Docket No. FV04–916/917–4 FIR] 

Nectarines and Peaches Grown in 

California; Decreased Assessment 

Rates

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that decreased the assessment 

rates established for the Nectarine 

Administrative Committee and the 

Peach Commodity Committee 

(committees) for the 2004–05 and 

subsequent fiscal periods. The Nectarine 

Administrative Committee (NAC) 

decreased its assessment rate from $0.20 

to $0.195 per 25-pound container or 

container equivalent of nectarines 

handled. The Peach Commodity 

Committee (PCC) decreased its 

assessment rate from $0.20 to $0.19 per 

25-pound container or container 

equivalent of peaches handled. The 

committees locally administer the 

marketing orders that regulate the 

handling of nectarines and peaches 

grown in California. Authorization to 

assess nectarine and peach handlers 

enables the committees to incur 

expenses that are reasonable and 

necessary to administer the programs. 

The fiscal periods run from March 1 

through the last day of February. The 

assessment rates will remain in effect 

indefinitely unless modified, 

suspended, or terminated.

DATES: Effective December 27, 2004.

FOR FURTHER INFORMATION CONTACT: Toni 

Sasselli, Program Analyst, and/or Rose 

Aguayo, Marketing Specialist, California 

Marketing Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, suite 102B, Fresno, 

California 93721, (559) 487–5901, Fax: 

(559) 487–5906; or George Kelhart, 

Technical Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; telephone: 

(202) 720–2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

Nos. 85 and 124 and Order Nos. 916 and 

917, both as amended (7 CFR parts 916 

and 917), regulating the handling of 

nectarines and peaches grown in 

California, respectively, 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.’’

USDA 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, California nectarine and 

peach handlers 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 nectarines 

and peaches beginning on March 1, 

2004, and continue 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 USDA 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 USDA 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 USDA’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 continues in effect the 

action that decreased the assessment 

rates established for the NAC for the 

2004–05 and subsequent fiscal periods 

from $0.20 to $0.195 per 25-pound 

container or container equivalent of 

nectarines and for the PCC for the 2004–

05 and subsequent fiscal periods from 

$0.20 to $0.19 per 25-pound container 

or container equivalent of peaches. 

The nectarine and peach marketing 

orders provide authority for the 

committees, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the programs. 

The members of the NAC and PCC are 

producers of California nectarines and 

peaches, respectively. 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. 

NAC Assessment and Expenses

The NAC recommended, for the 

2004–05 fiscal period, and USDA 

approved, an assessment rate of $0.195 

that would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the committee or other 

information available to USDA. 

The NAC met on April 28, 2004, and 

unanimously recommended 2004–05 

fiscal period expenditures of $5,162,866 

and an assessment rate of $0.195 per 25-

pound container or container equivalent 

of nectarines. In comparison, last year’s 

expenditures were initially budgeted at 

$4,173,438. The assessment rate of 

68756 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

$0.195 is $0.005 lower than the rate 

previously in effect. 

After the 2003–04 fiscal period budget 

was formulated and recommended to 

USDA in May 2003, the committee 

received one Federal and two State 

grants which affected both committee 

income and expenditures. The NAC also 

used reserve funds to conduct research 

on the development of a commercial 

nectarine beverage. The NAC 

subsequently unanimously 

recommended an amended budget for 

the 2003–04 fiscal period. Under this 

amended budget, the Federal grant of 

$533,921 and a State grant of $200,557 

were applied to the export market 

development program, and a State grant 

of $3,667 was applied to the research 

program, along with $45,000 of reserve 

funds. 

The assessment rate decrease for the 

2004–05 fiscal period was 

recommended because excess funds 

from the 2003–04 fiscal period totaling 

$786,521 were carried into 2004–05. 

This was substantially higher than what 

the NAC deemed satisfactory. Moreover, 

the 2004 nectarine crop was expected to 

be larger than last year’s crop. The lower 

assessment rate also addressed the 

needs of nectarine growers and handlers 

who have been affected by low 

commodity prices for the last few years. 

Total income received for the 2004–05 

fiscal period is projected to be 

approximately $5,800,677. Decreasing 

the assessment rate from $0.20 to $0.195 

per 25-pound container is expected to 

provide about $4,199,453 in assessment 

revenue, and along with other income, 

to allow the NAC to start the 2005 

season with about $499,811 in reserve 

funds. 

The major expenditures 

recommended by the NAC for the 2004–

05 fiscal period include $219,872 for 

salaries and benefits, $146,613 for 

general expenses and industry activities, 

$1,153,676 for inspection, $208,568 for 

research, and $3,161,852 for domestic 

and export market development 

programs. 

Budgeted expenses for these items in 

the 2003–04 fiscal period were initially 

estimated to be $226,121 for salaries and 

benefits, $142,612 for general expenses 

and industry activities, $1,210,220 for 

inspection, $138,929 for research, and 

$2,263,061 for domestic and export 

market development programs. 

The major expenditures under the 

amended 2003–04 fiscal period budget 

include $226,121 for salaries and 

benefits, $142,612 for general expenses 

and industry activities, $1,210,220 for 

inspection, $187,596 for research, and 

$2,997,539 for domestic and export 

market development programs. 

The 2004–05 fiscal period NAC 

assessment rate was derived after 

considering the total NAC expenses of 

$5,162,866; the initial estimated 

assessable nectarines of 22,245,000 

twenty-five-pound containers or 

container equivalents; the estimated 

income from other sources, such as 

interest and grants; and the need for an 

adequate financial reserve to carry the 

NAC into the 2005 season. The 

committee has determined that a carryin of $400,000 is historically necessary 

to meet its obligations in the early part 

of each season, before handler 

assessments are billed and received. To 

meet these goals, the NAC 

recommended an assessment rate of 

$0.195 per 25-pound container or 

container equivalent. According to the 

committee, that assessment rate will 

result in an adequate carry-in, while 

maintaining reserves within the 

maximum permitted by the order 

(approximately one year’s expenses; 

§ 916.42). 

PCC Assessment and Expenses

The PCC recommended, for the 2004–

05 fiscal period, and USDA approved, 

an assessment rate of $0.19 that would 

continue in effect from fiscal period to 

fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the committee or other 

information available to USDA. 

The PCC also met on April 28, 2004, 

and recommended 2004–05 fiscal 

period expenditures of $5,178,002 and 

an assessment rate of $0.19 per 25-

pound container or container equivalent 

of peaches. In comparison, last year’s 

expenditures were initially budgeted at 

$4,086,316. The assessment rate of $0.19 

is $0.01 lower than the rate previously 

in effect. 

After the 2003–04 fiscal period budget 

was formulated and recommended to 

USDA in May 2003, the PCC received 

one Federal and two State grants which 

affected both committee income and 

expenditures. The committee 

subsequently unanimously 

recommended an amended budget for 

the 2003–04 fiscal period on June 23, 

2004. Under this amended budget, the 

Federal grant of $488,845 and a State 

grant of $149,667 were applied to the 

export market development program, 

and a State grant of $3,667 was applied 

to the cultural research program. 

The decrease for the 2004–05 fiscal 

period was recommended because 

excess funds from 2003–04 totaling 

$915,375 were carried into the 2004–05 

fiscal period. This is substantially 

higher than needed by the PCC to cover 

early season expenses. In addition, the 

2004 peach crop was expected to be 

higher than last year’s crop. The lower 

assessment rate also addressed the 

needs of peach growers and handlers 

who have been affected by low 

commodity prices for the last few years. 

Total income received for the 2004–05 

fiscal period was projected to be 

approximately $5,883,385. Decreasing 

the assessment rate from $0.20 to $0.19 

per 25-pound container was expected to 

provide about $4,153,654 assessment 

revenue, and along with other income, 

to allow the PCC to start the 2005 season 

with about $567,383 in reserve funds. 

The major expenditures 

recommended by the PCC for the 2004–

05 fiscal period include $219,872 for 

salaries and benefits, $148,598 for 

general expenses and industry activities, 

$1,240,520 for inspection, $208,570 for 

research, and $3,188,457 for domestic 

and export market development 

programs. 

Budgeted expenditures for these items 

in the 2003–04 fiscal period were 

initially estimated to be $226,121 for 

salaries and benefits, $144,743 for 

general expenses and industry activities, 

$1,173,480 for inspection, $138,930 for 

research, and $2,211,346 for domestic 

and export market development 

programs. 

The major expenditures under the 

amended budget for 2003–04 fiscal 

period include $226,121 for salaries and 

benefits, $144,743 for general expenses 

and industry activities, $1,173,480 for 

inspection, $142,597 for research, and 

$2,849,858 for domestic and export 

market development programs. 

The 2004–05 fiscal period PCC 

assessment rate was derived after 

considering the total PCC expenses of 

$5,178,002; the estimated assessable 

peaches of 22,601,000 twenty-fivepound container or container 

equivalents; the estimated income from 

other sources, such as interest and 

grants; and the need for an adequate 

financial reserve to carry the PCC into 

the 2005 season. The committee has 

determined that a carry-in of $500,000 

is historically necessary to meet its 

obligations in the early part of each 

season, before handler assessments are 

billed and received. 

To meet these goals, the PCC 

recommended an assessment rate of 

$0.19 per 25-pound container or 

container equivalent. According to the 

committee, that assessment rate will 

result in an adequate carry-in, while 

maintaining reserves within the 

maximum permitted by the order (one 

year’s expenses; § 917.38). 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68757

Continuance of Assessment Rates 

The assessment rates will continue in 

effect indefinitely unless modified, 

suspended, or terminated by USDA 

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 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rates. 

The dates and times of committee 

meetings are available from the 

committees’ website or USDA. 

Committee meetings are open to the 

public and interested persons may 

express their views at these meetings. 

USDA will evaluate the committees’

recommendations and other available 

information to determine whether 

modification of the assessment rate for 

each committee is needed. Further 

rulemaking will be undertaken as 

necessary. The committee’s 2004–05 

budget and those for subsequent fiscal 

periods will be reviewed and, as 

appropriate, approved by USDA. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final 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. 

Industry Information 

There are approximately 250 

California nectarine and peach handlers 

subject to regulation under the orders 

covering nectarines and peaches grown 

in California, and about 1,800 producers 

of these fruits in California. The Small 

Business Administration [13 CFR 

121.201] defines small agricultural 

service firms as those whose annual 

receipts are less than $5,000,000. The 

Small Business Administration also 

defines small agricultural producers as 

those having annual receipts of less than 

$750,000. A majority of these handlers 

and producers may be classified as 

small entities. 

The committees’ staff has estimated 

that there are less than 20 packers in the 

industry who could be defined as other 

than small entities. In the 2003 season, 

the average handler price received was 

$7.00 per container or container 

equivalent of nectarines or peaches. A 

handler would have to ship at least 

714,286 containers to have annual 

receipts of $5,000,000. Given data on 

shipments maintained by the 

committees’ staff and the average 

handler price received during the 2003 

season, the committees’ staff estimates 

that small packers represent 

approximately 94 percent of all the 

packers within the industry. 

The committees’ staff has also 

estimated that less than 20 percent of 

the producers in the industry could be 

defined as other than small entities. In 

the 2003 season, the average producer 

price received was $4.00 per container 

or container equivalent for nectarines 

and peaches. A producer would have to 

produce at least 187,500 containers of 

nectarines and peaches to have annual 

receipts of $750,000. Given data 

maintained by the committees’ staff and 

the average producer price received 

during the 2003 season, the committees’

staff estimates that small producers 

represent more than 80 percent of the 

producers within the industry. 

The nectarine and peach marketing 

orders provide authority for the 

committees, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the programs. 

The members of the NAC and PCC are 

producers of California nectarines and 

peaches, respectively. 

This rule continues in effect the 

action that decreased the assessment 

rates established for the NAC for the 

2004–05 and subsequent fiscal periods 

from $0.20 to $0.195 per 25-pound 

container or container equivalent of 

nectarines and for the PCC for the 2004–

05 and subsequent fiscal periods from 

$0.20 to $0.19 per 25-pound container 

or container equivalent of peaches.

The NAC recommended 2004–05 

fiscal period expenditures of $5,162,866 

for nectarines and an assessment rate of 

$0.195 per 25-pound container or 

container equivalent of nectarines. The 

assessment rate of $0.195 is $0.005 

lower than the previous rate. The PCC 

recommended expenditures of 

$5,178,002 for peaches and an 

assessment rate of $0.19 per 25-pound 

container or container equivalent of 

peaches. The assessment rate of $0.19 is 

$0.01 lower than the previous rate. 

Analysis of NAC Budget 

The quantity of assessable nectarines 

for the 2004–05 fiscal period was 

estimated at 22,245,000 twenty-fivepound container or container 

equivalents. Thus, the $0.195 rate was 

expected to provide $4,337,775 in 

assessment income. Income derived 

from handler assessments and other 

sources will be adequate to cover 

budgeted expenses and permit an 

adequate reserve. 

The NAC met on April 28, 2004, and 

recommended 2004–05 fiscal period 

expenditures of $5,162,866 and an 

assessment rate of $0.195 per 25-pound 

container or container equivalent of 

nectarines. In comparison, last year’s 

expenditures were initially budgeted at 

$4,173,438. The assessment rate of 

$0.195 is $0.005 lower than the rate 

previously in effect. 

The major expenditures 

recommended by the NAC for the 2004–

05 fiscal period include $219,872 for 

salaries and benefits, $146,613 for 

general expenses and industry activities, 

$1,153,676 for inspection, $208,568 for 

research, and $3,161,852 for domestic 

and export market development 

programs. 

Budgeted expenses for these items in 

the 2003–04 fiscal period were initially 

estimated to be $226,121 for salaries and 

benefits, $142,612 for general expenses 

and industry activities, $1,210,220 for 

inspection, $138,929 for research, and 

$2,263,061 for domestic and export 

market development programs. 

After the 2003–04 fiscal period budget 

was formulated and recommended to 

USDA in May 2003, the committee 

received one Federal and two State 

grants which affected both committee 

income and expenditures. The NAC also 

conducted research to test a commercial 

nectarine drink, using reserve funds. 

The committee subsequently 

unanimously recommended an 

amended budget for the 2003–04 fiscal 

period. Under this amended budget, the 

Federal grant of $533,921 and a State 

grant of $200,557 were applied to the 

export marketing development program, 

and a State grant of $3,667 was applied 

to the research program, along with 

$45,000 from the committee’s reserves 

for the nectarine drink. 

The major expenditures under the 

2003–04 fiscal period amended budget 

include $226,121 for salaries and 

benefits, $142,612 for general expenses 

and industry activities, $1,210,220 for 

inspection, $187,596 for research, and 

$2,997,539 for domestic and export 

market development programs. 

The lower assessment rate is possible 

because of the $786,521 in excess funds 

68758 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

carried into the 2004–05 fiscal period. 

This will provide adequate funds at the 

beginning of the 2005 season before 

assessment collections begin. A 

financial reserve carry-in is desirable 

because major expense outlays for 

seasonal promotions and other activities 

occur before assessments are received. 

The 2004–05 fiscal period assessment 

rate for the NAC was derived after 

considering the total NAC expenses of 

$5,162,866; the estimated assessable 

nectarines of 22,245,000 twenty-fivepound containers or container 

equivalents; the estimated income from 

other sources, such as interest and 

grants; and the need for an adequate 

financial reserve to carry the NAC into 

the 2005 season. 

To meet this goal, the NAC 

recommended an assessment rate of 

$0.195 per 25-pound container or 

container equivalent. According to the 

committee, that assessment rate will 

result in an adequate carry-in, while 

carrying reserves within the maximum 

permitted by the order (one year’s 

expenses; § 916.42). 

Analysis of PCC Budget 

The quantity of assessable peaches for 

the 2004–05 fiscal period is estimated at 

22,601,000 twenty-five-pound 

containers or container equivalents. 

Thus, the $0.19 rate should provide 

$4,294,190 in assessment income. 

Income derived from handler 

assessments and other sources will be 

adequate to cover budgeted expenses 

and permit a small increase in reserves. 

The PCC also met on April 28, 2004, 

and recommended 2004–05 fiscal 

period expenditures of $5,178,002 and 

an assessment rate of $0.19 per 25-

pound container or container equivalent 

of peaches. In comparison, last year’s 

expenditures were initially budgeted at 

$4,086,316. The assessment rate of $0.19 

is $0.01 lower than the rate currently in 

effect. 

The major expenditures 

recommended by the PCC for the 2004–

05 fiscal period include $219,872 for 

salaries and benefits, $148,598 for 

general expenses and industry activities, 

$1,240,520 for inspection, $208,570 for 

research, and $3,188,457 for domestic 

and export market development 

programs.

The major expenditures initially 

recommended by the PCC for the 2003–

04 fiscal period include $226,121 for 

salaries and benefits, $144,743 for 

general expenses and industry activities, 

$1,173,480 for inspection, $138,930 for 

research, and $2,211,346 for domestic 

and export market development 

programs. 

After the 2003–04 fiscal period budget 

was formulated and recommended to 

USDA in May 2003, the committee 

received one Federal and two State 

grants which affected both committee 

income and expenditures. The 

committee subsequently unanimously 

recommended an amended budget for 

the 2003–04 fiscal period. Under this 

amended budget, the Federal grant of 

$488,845 and a State grant of $149,667 

were applied to the export market 

development, and a State grant of 

$3,667 was applied to the cultural 

research program. 

The major expenditures under the 

amended budget for 2003–04 fiscal 

period include $226,121 for salaries and 

benefits, $144,743 for general expenses 

and industry activities, $1,173,480 for 

inspection, $142,597 for research, and 

$2,849,858 for domestic and export 

market development programs. 

The lower assessment rate is possible 

because of the carry-in of $915,375 in 

excess funds from the 2003–04 fiscal 

period into the 2004–05 fiscal period. 

This is substantially higher than the 

PCC needs for early season expenses 

before assessment collections begin. A 

financial reserve carry-in of 

approximately $500,000 is desirable 

because major expense outlays for 

seasonal promotions and other activities 

occur before assessments are received. 

The 2004–05 fiscal period assessment 

rate for the PCC was derived after 

considering the total PCC expenses of 

$5,178,002; the estimated assessable 

peaches of 22,601,000 twenty-fivepound containers or container 

equivalents; the estimated income from 

other sources, such as interest and 

grants; and the need for an adequate 

financial reserve to carry the PCC into 

the 2005 season. 

To meet this goal, the PCC 

recommended an assessment rate of 

$0.19 per 25-pound container or 

container equivalent. According to the 

committee, the assessment rate will 

result in an adequate carry-in, while 

keeping reserves within the maximum 

permitted by the order (one year’s 

expenses; § 917.38). 

Considerations in Determining 

Expenses and Assessment Rates 

Prior to arriving at these budgets, the 

committees considered information and 

recommendations from various sources, 

including, but not limited to: The 

Executive Committee, the Research 

Subcommittee, the International 

Programs Subcommittee, the Tree Fruit 

Quality Subcommittee, and the 

Domestic Promotion Subcommittee. 

Each of the committees then reviewed 

the proposed expenses; the total 

estimated assessable 25-pound 

containers or container equivalents; and 

the estimated income from other 

sources, such as interest income and 

grants, prior to recommending a final 

assessment rate. The NAC decided that 

an assessment rate of $0.195 per 25-

pound container or container equivalent 

will allow it to meet its 2004–05 fiscal 

period expenses and carry over an 

operating reserve of about $499,811 

which is in line with the committee’s 

financial needs. The PCC decided that 

an assessment rate of $0.19 per 25-

pound container or container equivalent 

will allow it to meet its 2004–05 fiscal 

period expenses and carry over an 

operating reserve of $567,383, which is 

in line with the committee’s financial 

needs. The committees then 

unanimously recommended these rates 

to USDA. 

A review of historical and preliminary 

information pertaining to the upcoming 

fiscal period indicates that the grower 

price for the 2004 crop year for 

nectarines and peaches could range 

between $4.00 and $6.00 per 25-pound 

container or container equivalent. 

Therefore, the estimated assessment 

revenue for the 2004–05 fiscal period as 

a percentage of total grower revenue 

could range between 4.9 percent and 3.2 

percent for nectarines, and 4.7 percent 

and 3.2 percent for peaches.

This action continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rates reduces 

the burden on handlers, and 

consequently may reduce the burden on 

producers. 

In addition, the committees’ meetings 

were widely publicized throughout the 

California nectarine and peach 

industries and all interested persons 

were invited to attend the meetings and 

participate in the committees’

deliberations on all issues. Like all 

committee meetings, the April 28, 2004, 

meetings were public meetings and 

entities of all sizes were able to express 

views on this issue. Finally, interested 

persons were invited to submit 

information on the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large 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. 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68759

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

An interim final rule concerning this 

was published in the Federal Register

on August 16, 2004 (69 FR 50278). 

Copies of that rule were also mailed or 

sent via facsimile to all nectarine and 

peach handlers. Finally, the interim 

final rule was made available through 

the Internet by USDA and the Office of 

the Federal Register. A 60-day comment 

period was provided for interested 

persons to respond to the interim final 

rule. The comment period ended on 

October 15, 2004, and no comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/

fv/mb.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

committees’ recommendations, and 

other information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act.

List of Subjects 

7 CFR Part 916

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements.

PART 916—NECTARINES GROWN IN 

CALIFORNIA

■ Accordingly, the interim final rule 

amending 7 CFR part 916 which was 

published at 69 FR 50278, on August 16, 

2004, is adopted as a final rule without 

change.

PART 917—PEACHES GROWN IN 

CALIFORNIA

■ Accordingly, the interim final rule 

amending 7 CFR part 917 which was 

published at 69 FR 50278, on August 16, 

2004 is adopted as a final rule without 

change.

Dated: November 19, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–26121 Filed 11–24–04; 8:45 am] 

BILLING CODE 3410–02–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 955

[Docket No. FV04–955–1 IFR] 

Vidalia Onions Grown in Georgia; 

Change in Assessment Requirements

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule changes the 

assessment collection requirements 

currently prescribed under the Vidalia 

onion marketing order (order). The 

order regulates the handling of Vidalia 

onions grown in Georgia and is 

administered locally by the Vidalia 

Onion Committee (Committee). 

Currently, assessment payments 

received in the Committee office later 

than 4 p.m. on the Tuesday following 

the week in which shipments are made 

are subject to late payment penalties. 

This action allows handlers to mail their 

assessment payments to the Committee 

office without incurring late payment 

penalties as long as the payment is 

postmarked on or before the due date.

DATES: November 27, 2004; comments 

received by January 25, 2005 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 to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. 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, or 

can be viewed at: http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

Doris Jamieson, Marketing Specialist, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 799 Overlook Drive, Suite 

A, Winter Haven, Florida 33884; 

telephone: (863) 324–3375, Fax: (863) 

325–8793; or George Kelhart, Technical 

Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; telephone: 

(202) 720–2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 955, (7 CFR part 955), 

regulating the handling of Vidalia 

onions grown in Georgia, hereinafter 

referred to as the ‘‘order.’’ 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 of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 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 USDA 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. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

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 USDA’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 changes the assessment 

collection requirements currently 

prescribed under the order. This action 

allows handlers to mail their assessment 

payments to the Committee office 

without incurring late payment 

penalties as long as the payment is 

postmarked on or before the due date. 

Assessment payments are due not later 

than 4 p.m. on the Tuesday following 

the week in which the shipments were