2526 Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Rules and Regulations

whatsoever, including cases in which it

is finally determined that past service of

a current or former employee was

subject to the higher deduction and

Government contribution rates, the

employing agency must correct the error

by submitting the correct amounts

(including both employee and agency

shares) to OPM as soon as possible.

Even if the agency waives collection of

the overpayment of pay under any

waiver authority that may be available

for this purpose, such as 5 U.S.C. 5584,

or otherwise fails to collect the debt, the

correct amount must still be submitted

to OPM as soon as possible.

(d) Upon proper application from an

employee, former employee or eligible

survivor of a former employee, an

employing agency or former employing

agency will pay a refund of erroneous

additional withholdings for service that

is found not to have been covered

service. If an individual has paid to

OPM a deposit or redeposit, including

the additional amount required for

covered service, and the deposit is later

determined to be erroneous because the

service was not covered service, OPM

will pay the refund, upon proper

application, to the individual, without

interest.

(e) The additional employee

withholding and agency contributions

for covered service properly made are

not separately refundable, even in the

event that the employee or his or her

survivor does not qualify for a special

annuity computation under 5 U.S.C.

8415(d).

(f) While an employee who does not

hold a primary or secondary position is

detailed or temporarily promoted to

such a position, the additional

withholdings and agency contributions

will not be made.

(g) While an employee who holds a

primary or secondary position is

detailed or temporarily promoted to a

position that is not a primary or

secondary position, the additional

withholdings and agency contributions

will continue to be made.

§ 842.908 Mandatory separation.

(a) Effective on and after October 17,

1999, the mandatory separation

provisions of 5 U.S.C. 8425 apply to all

nuclear materials couriers including

those in secondary positions. A

mandatory separation under 5 U.S.C.

8425 is not an adverse action under part

752 of this chapter or a removal action

under part 359 of this chapter.

(b) Exemptions from mandatory

separation are subject to the conditions

set forth under 5 U.S.C. 8425. An

exemption may be granted at the sole

discretion of the head of the employing

agency or by the President in

accordance with 5 U.S.C. 8425(c).

(c) In the event that an employee is

separated mandatorily under 5 U.S.C.

8425, or is separated for optional

retirement under 5 U.S.C. 8412 (d) or

(e), and OPM finds that all or part of the

minimum service required for

entitlement to immediate annuity was

in a position that did not meet the

requirements of a primary or secondary

position and the conditions set forth in

this subpart or, if applicable, in part 831

of this chapter, such separation will be

considered erroneous.

§ 842.909 Review of decisions.

The following decisions may be

appealed to the Merit Systems

Protection Board under procedures

prescribed by the Board:

(a) The final decision of the

Department of Energy issued to an

employee, former employee, or survivor

as the result of a request for

determination filed under § 842.906;

and

(b) The final decision of the

Department of Energy that a break in

service referred to in § 842.904(a)(2) did

not begin with an involuntary

separation within the meaning of 5

U.S.C. 8414(b)(1)(A).

§ 842.910 Oversight of coverage

determinations.

(a) Upon deciding that a position is a

nuclear materials courier position, the

agency head must notify OPM

(Attention: Associate Director for

Retirement and Insurance) stating the

title of each position, the number of

incumbents, and whether the position is

primary or secondary. The Director of

OPM retains the authority to revoke the

agency head’s determination that a

position is a primary or secondary

position, or that an individual’s service

in any other position is creditable under

5 U.S.C. 8412(d).

(b) The Department of Energy must

establish a file containing each coverage

determination made by the agency head

under § 842.903 and § 842.904, and all

background material used in making the

determination.

(c) Upon request by OPM, the

Department of Energy will make

available the entire coverage

determination file for OPM to audit to

ensure compliance with the provisions

of this subpart.

(d) Upon request by OPM, the

Department of Energy must submit to

OPM a list of all covered positions and

any other pertinent information

requested.

[FR Doc. 00–1051 Filed 1–14–00; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Docket No. FV00–959–1 FR]

Onions Grown in South Texas;

Decreased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule decreases the

assessment rate established for the

South Texas Onion Committee

(Committee) for the 1999–2000 and

subsequent fiscal periods from $0.05 to

$0.04 per 50-pound container or

equivalent of onions handled. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of onions

grown in South Texas. Authorization to

assess onion handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The fiscal period began

August 1 and ends July 31. The

assessment rate will remain in effect

indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: January 19, 2000.

FOR FURTHER INFORMATION CONTACT:

Cynthia Cavazos, Marketing Assistant,

McAllen Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

1313 E. Hackberry; telephone: (956)

682–2833, Fax: (956) 682–5942; or

George Kelhart, Technical Advisor,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 143 and Order No. 959, both as

amended (7 CFR part 959), regulating

the handling of onions grown in South

Texas, hereinafter referred to as the

‘‘order.’’ The marketing agreement and

order are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the ‘‘Act.’’

Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Rules and Regulations 2527

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 order now

in effect, South Texas onion handlers

are subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate issued herein will be

applicable to all assessable onions

beginning August 1, 1999, 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 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

rate established for the Committee for

the 1999–2000 and subsequent fiscal

periods from $0.05 to $0.04 per 50-

pound container or equivalent of onions

handled.

The South Texas 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 South Texas onions. They are familiar

with the Committee’s needs and with

the costs for goods and services in their

local area and are thus in a position to

formulate an appropriate budget and

assessment rate. The assessment rate is

formulated and discussed in a public

meeting. Thus, all directly affected

persons have an opportunity to

participate and provide input.

For the 1997–98 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate of $0.05 per 50-pound

container or equivalent that would

continue in effect from fiscal period to

fiscal period unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other information

available to the Secretary.

The Committee, in a mail vote,

unanimously recommended 1999–2000

expenses of $271,000 for personnel,

office, compliance, promotion, and

research expenses. These expenses were

approved in July 1999. The assessment

rate and specific funding for research

and promotion projects were to be

recommended at a later Committee

meeting.

The Committee subsequently met on

September 16, 1999, and recommended

1999–2000 expenditures of $301,000

and an assessment rate of $0.04 per 50-

pound container or equivalent of

onions. In comparison, last year’s

budgeted expenditures were $271,000.

The assessment rate of $0.04 is $0.01

lower than the rate currently in effect.

The Committee voted to lower its

assessment rate because at the current

rate of assessment, income would have

exceeded anticipated expenses by about

$74,000 and the projected reserve on

July 31, 2000 ($458,720), would have

exceeded the level the Committee

believed to be adequate to administer

the program.

The major expenditures

recommended by the Committee for the

1999–2000 fiscal period include $97,200

for administrative expenses, $34,800 for

compliance, $36,000 for promotion, and

$133,000 for research projects. Budgeted

expenses for these items in 1998–99

were $94,000, $36,000, $33,000, and

$108,000, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of South Texas onions.

Onion shipments for the year are

estimated at 7.5 million 50-pound

equivalents, which should provide

$300,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, should

be adequate to cover budgeted expenses.

Funds in the reserve (currently

$384,720) will be kept within the

maximum permitted by the order

(approximately two fiscal periods’

expenses; § 959.43).

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 will be

in effect 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 1999–2000 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 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.

There are approximately 80 producers

of South Texas onions in the production

area and approximately 37 handlers

subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (SBA)

(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.

Most of the handlers are vertically

integrated corporations involved in

producing, shipping, and marketing

onions. For the 1998–99 marketing year,

onions produced on 13,782 acres were

shipped by the industry’s 37 handlers

with the average and median volume

handled being 147,669 and 102,478

fifty-pound bag equivalents,

respectively. In terms of production

value, total revenues for the 37 handlers

were estimated to be $43.7 million, with

average and median revenues being $1.1

million, and $820,000, respectively.

2528 Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Rules and Regulations

The South Texas onion industry is

characterized by producers and

handlers whose farming operations

generally involve more than one

commodity, and whose income from

farming operations is not exclusively

dependent on the production of onions.

Alternative crops provide an

opportunity to utilize many of the same

facilities and equipment not in use

when the onion production season is

complete. For this reason, typical onion

producers and handlers either produce

multiple crops or alternate crops within

a single year.

Based on the SBA’s definition of

small entities, the Committee estimates

that all the 37 handlers regulated by the

order would be considered small

entities if only their spring onion

revenues are considered. However,

revenues from other productive

enterprises would likely push a large

number of these handlers above the

$5,000,000 annual receipt threshold. All

of the 80 producers may be classified as

small entities based on the SBA

definition if only their revenue from

spring onions is considered. When

revenues from all sources is considered,

a majority of the producers would not

be considered small entities because

receipts would exceed $500,000.

This rule decreases the assessment

rate established for the Committee and

collected from handlers for the 1999–

2000 and subsequent fiscal periods from

$0.05 to $0.04 per 50-pound container

or equivalent of onions. The Committee

recommended 1999–2000 expenditures

of $301,000 and an assessment rate of

$0.04 per 50-pound container or

equivalent. The assessment rate of $0.04

is $0.01 lower than the 1998–99 rate.

The quantity of assessable onions for the

1999–2000 fiscal period is estimated at

7.5 million 50-pound equivalents.

Income derived from handler

assessments, along with interest income

and funds from the Committee’s

authorized reserve, should be adequate

to cover budgeted expenses.

The major expenditures

recommended by the Committee for the

1999–2000 fiscal period include $97,200

for administrative expenses, $34,800 for

compliance, $36,000 for promotion, and

$133,000 for research projects. Budgeted

expenses for these items in 1998–99

were $94,000, $36,000, $33,000, and

$108,000, respectively.

The Committee voted to lower its

assessment rate because at the current

rate of assessment, income would have

exceeded anticipated expenses by about

$74,000 and the projected reserve on

July 31, 2000 ($458,720), would have

exceeded the level the Committee

believed to be adequate to administer

the program.

The Committee’s recommended 1999–

2000 expenditures of $301,000, include

increases in administrative and office

salaries, and research programs. Prior to

arriving at this budget, the Committee

considered information from various

sources, including the Research

Subcommittee and the Market

Development Subcommittee.

Alternative expenditure levels were

discussed by these groups, based upon

the relative value of various research

projects to the onion industry. The

assessment rate of $0.04 per 50-pound

carton or equivalent of assessable

onions was then determined by dividing

the total recommended budget by the

quantity of assessable onions, estimated

at 7.5 million 50-pound equivalents for

the 1999–2000 fiscal period. This is

approximately $1,000 below the

anticipated expenses, which the

Committee determined to be acceptable.

Funds from the Committee’s reserve

would be used to make up the expected

deficit.

A review of historical production and

marketing information indicates that the

grower price for the 1999 marketing

season could range between $7.00 and

$12.00 per 50-pound container or

equivalent of onions. Therefore, the

estimated assessment revenue for the

1999–2000 fiscal period as a percentage

of total grower revenue could range

between .571 and .333 percent.

This action decreases 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 rate reduces

the burden on handlers, and may reduce

the burden on producers. In addition,

the Committee’s meeting was widely

publicized throughout the South Texas

onion industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the September 16,

1999, meeting was a public meeting and

all entities, both large and small, were

able to express views on this issue.

This rule imposes no additional

reporting or recordkeeping requirements

on either small or large South Texas

onion 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.

A proposed rule concerning this

action was published in the Federal

Register on November 26, 1999 (64 FR

66411). Copies of the proposed rule

were also mailed or sent via facsimile to

all onion handlers. Finally, the proposal

was made available through the Internet

by the Office of the Federal Register. A

30-day comment period ending

December 27, 1999, was provided for

interested persons to respond to the

proposal. No comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

http://www.ams.usda.gov/fv/

moab.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

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.

Pursuant to 5 U.S.C. 553, it 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 the

1999–2000 fiscal period began August 1,

1999, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

onions handled during such fiscal

period. This action decreases the rate

beginning with the 1999–2000 fiscal

period. Further, handlers are aware of

this rule which was recommended at a

public meeting. Also, a 30-day comment

period was provided for in the proposed

rule, and no comments were received.

List of Subjects in 7 CFR Part 959

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 959 is amended as

follows:

PART 959—ONIONS GROWN IN

SOUTH TEXAS

1. The authority citation for 7 CFR

part 959 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 959.237 is revised to read

as follows:

§ 959.237 Assessment rate.

On and after August 1, 1999, an

assessment rate of $0.04 per 50-pound

Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Rules and Regulations 2529

container or equivalent is established

for South Texas onions.

Dated: January 11, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–1049 Filed 1–14–00; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL RESERVE SYSTEM

12 CFR Part 269a

[Docket No. R–1056]

Labor Relations for the Federal

Reserve System

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Interim rule with request for

comments; policy statement.

SUMMARY: The Board of Governors of the

Federal Reserve System (the Board) has

an internal ‘‘Policy on Labor Relations

for the Board of Governors of the

Federal Reserve System,’’ which was

revised in 1983 through notice and

comment. The Board has determined

that its regulation entitled ‘‘Policy on

Labor Relations for the Federal Reserve

Banks’’ should be applied to the Board

policy insofar as that regulation

provides procedures for processing

charges of unfair labor practices. In

addition, the Board is amending the

references in its policy to the ‘‘Federal

Reserve System Labor Relations Panel’’

to read ‘‘Federal Reserve Board Labor

Relations Panel’’ which is the correct

name of this panel. Further, the Board

is also amending part 269a by correcting

cross-references to another Board

regulation.

DATES: This interim rule is effective

January 19, 2000. Submit comments on

or before March 20, 2000.

ADDRESSES: Comments, which should

refer to Docket No. R–1056, may be

mailed to the Board of Governors of the

Federal Reserve System, 20th and C

Streets, NW, Washington, DC 20551;

Attention: Ms. Jennifer J. Johnson,

Secretary, or may be delivered to the

Board’s mail room between 9 a.m. and

5 p.m. All comments received may be

inspected in Room MP–500 of the

Martin Building between 9 a.m. and 5

p.m., Monday through Friday, except as

provided in 12 CFR 261.11(a) of the

Board’s Rules Regarding Availability of

Information.

FOR FURTHER INFORMATION CONTACT:

Richard M. Ashton, Associate General

Counsel (202–452–3750), Legal

Division, Board of Governors of the

Federal Reserve System. For the hearing

impaired only, Telecommunication

Device for the Deaf (TDD), Diane Jenkins

(202–452–3544), Board of Governors of

the Federal Reserve System, 20th and C

Street NW, Washington, DC 20551.

SUPPLEMENTARY INFORMATION: Under the

authority provided in the Federal

Reserve Act, the Board has recognized

the rights of its employees to organize

and bargain collectively through

recognized representatives and to be

free from unfair labor practices. See

Sections 10(4) and 11(l) (providing the

Board exclusive authority over

employment at the Board). The Board

has adopted a ‘‘Policy on Labor

Relations for the Board of Governors of

the Federal Reserve System’’ which

prohibits unfair labor practices and sets

up the Federal Reserve Board Labor

Relations Panel (Board Panel) to

adjudicate charges of unfair labor

practices. The policy authorizes the

Board to issue rules to remedy unfair

labor practices listed in the policy. The

policy provides that the Board Panel

will adhere to the rules and regulations

promulgated by the Board for this

purpose.

The Board has also adopted a ‘‘Policy

on Labor Relations for the Reserve

Banks,’’ which is very similar in many

respects to the Board Policy. 12 CFR

part 269. The Board policy, like the

Reserve Bank policy, prohibits certain

unfair labor practices. The Bank policy,

which establishes a Federal Reserve

System Labor Relations Panel, also

contains procedures for presenting and

remedying unfair labor practices. Like

the Board policy, the Bank policy,

including the unfair labor practice

procedures, was adopted after public

notice and opportunity for comment. 48

FR 18820 (April 26, 1983); 48 FR 32331

(July 15, 1983).

An unfair labor practice charge under

the Board policy has recently been filed.

The Board has determined that the

procedures for adjudicating unfair labor

practice claims and other matters

provided in its ‘‘Policy on Labor

Relations for the Reserve Banks’’ should

be applied to the processing of charges

of unfair labor practice filed under the

Board policy.

Accordingly, the Board is amending

the Board policy to provide that in

processing charges of unfair labor

practices under that policy, 12 CFR part

269a and 269b of the Bank policy will

govern. Thus, where the Bank policy

refers to ‘‘bank,’’ the reference will be

read as referring to the ‘‘Board’’ and

where it refers to the ‘‘Federal Reserve

System Labor Relations Panel,’’ the

reference will be read as referring to the

Board Panel. In addition, the Board is

correcting all references in its policy to

the ‘‘Federal Reserve System Labor

Relations Panel’’ to read ‘‘Federal

Reserve Board Labor Relations Panel’’

which is the correct name of this panel.

Further, references in part 269a to part

292, which was removed and

redesignated in 1983 into part 269b after

notice and public comment, will be

revised to refer to the correct sections in

part 269b.

Pursuant to 5 U.S.C. 553(d)(3), the

Board has determined that it is

unnecessary, and would be

impracticable, to defer the effective date

of this action until after public

comments have been received and

considered, although the Board will

consider all public comments received

and make changes in its procedures

based on those comments where

appropriate. The Board has also

determined, pursuant to 5 U.S.C.

553(d)(3), that good cause exists to make

this action effective immediately rather

than to defer its effective date for 30

days. The procedures here adopted for

use by the Board Panel were issued for

the System Panel in 1983 following

notice and public comment and the

substance of the unfair labor practice

provisions in the Board and the Reserve

Bank policies are essentially the same.

48 FR 32331 (July 15, 1983). A pending

matter under the Board policy requires

that those procedures be used by the

Board Panel without delay in the

interest of fairness.

The Board is amending its ‘‘Policy on

Labor Relations for the Board of

Governors of the Federal Reserve

System’’ published on July 15, 1983 (48

FR 32334) as set forth below:

Policy on Labor Relations for the Board

of Governors of the Federal Reserve

System

1. Section 6, paragraph (d), of this

policy is amended to read as follows:

Section 6 Unfair Labor Practices

(d) The Federal Reserve Board Labor

Relations Panel will follow the rules in

12 CFR parts 269a and 269b for the

prevention and remedy of the unfair

labor practices listed in this Policy. For

purposes of this Policy, the reference in

§ 269b.110 to § 269.6 will be read as

referring to section 6 of this Policy.

References in parts 269a and 269b to a

Federal Reserve Bank will be read as

referring to the Board. References in

parts 269a and 269b to the Federal

Reserve System Labor Relations Panel

will be read as referring to the Federal

Reserve Board Labor Relations Panel.

2. Every reference in the policy to the

‘‘Federal Reserve System Labor

Relations Panel’’ is removed and the