Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43457

Additionally, as stated previously, the

costs that would result from the

establishment of pink bollworm in the

United States are far grater than the

regulatory burden and quarantine

treatment costs imposed on affected

entities in regulated areas.

The United States plays an important

role in international trade of cotton.

Losses in cotton produced, or any loss

of trade, that would result from a

widespread pink bollworm infestation,

would be very costly and harmful to the

U.S. gross national income. The risk of

potential disease spread is of great

concern to U.S. exporters of cotton.

Maintaining high quality standards is

essential not only to the cotton industry

but to the U.S. economy as a whole.

Continued regulation ensures that

importers of U.S. cotton and other raw

cotton products will maintain their

confidence in the safety of U.S.

produced cotton products.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

List of Subjects in 7 CFR Part 301

Agricultural commodities,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE

NOTICES

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 7 CFR part 301 and

that was published at 62 FR 23943–

23945 on May 2, 1997.

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 8th day of

August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–21522 Filed 8–13–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 947

[Docket No. FV97–947–1 FIR]

Irish Potatoes Grown in Modoc and

Siskiyou Counties, California, and in

All Counties in Oregon, Except

Malheur County; Define Fiscal Period

and Decrease Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department), is adopting as

a final rule, without change, the

provisions of an interim final rule

which established, in the regulatory

text, the fiscal period of the OregonCalifornia Potato Committee

(Committee) to begin July 1 of each year

and end June 30 of the following year,

and decreased the assessment rate

established under Marketing Order No.

947 for the 1997–98 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of Irish potatoes grown in

Modoc and Siskiyou Counties,

California, and in all counties in

Oregon, except Malheur County.

Authorization to assess potato handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The 1997–98 fiscal period covers the

period July 1 through June 30. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: August 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Martha Sue Clark, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, Room 2525–S, Washington,

DC 20090–6456; Telephone: (202) 720–

2491; FAX: (202) 720–5698, or Teresa L.

Hutchinson, Northwest Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, Green-Wyatt Federal

Building, Room 369, 1220 Southwest

Third Avenue, 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, P.O. Box 96456, Room

2525–S, Washington, DC 20090–6456;

Telephone: (202) 720–2491; FAX: (202)

720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 114 and Order No. 947, both as

amended (7 CFR part 947) regulating the

handling of Irish potatoes grown in

Oregon-California, 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.’’

The 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, Oregon-California potato

handlers are subject to assessments.

Funds to administer the order are

derived from such assessments. It is

intended that the assessment rate as

issued herein will be applicable to all

assessable potatoes beginning July 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 establishes, in regulatory

text, the fiscal period of the Committee

to begin July 1 of each year and end

June 30 of the following year, and

decreases the assessment rate

established for the Committee for the

1997–98 and subsequent fiscal periods

from $0.005 to $0.004 per

hundredweight.

The Oregon-California potato

marketing order provides authority for

the Committee, with the approval of the

Department, to establish a fiscal period.

The Committee has operated under a

fiscal period of July 1 through June 30
43458 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations

for many years. This rule adds to the

order’s rules and regulations a

definition of the fiscal period of the

Committee to be the 12 month period

beginning July 1 and ending June 30 of

the following year, both dates inclusive.

The Oregon-California potato

marketing order also 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 Oregon-California potatoes. 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 1996–97 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate that would continue in

effect from fiscal period to fiscal period

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 Committee met on March 5, 1997,

and unanimously recommended 1997–

98 expenditures of $53,600 and an

assessment rate of $0.004 per

hundredweight of potatoes. In

comparison, last year’s budgeted

expenditures were $61,200. The

assessment rate of $0.004 is $0.001 less

than the rate currently in effect. As the

Committee’s reserve exceeds the amount

authorized in the order of one fiscal

period’s operational expenses, the

Committee voted to lower its assessment

rate and use more of the reserve to cover

its expenses. The Committee discussed

alternatives to this rule, including

alternative expenditure levels, but

recommended that the major

expenditures for the 1997–98 fiscal

period should include $30,000 for an

agreement with the Oregon Potato

Commission to provide miscellaneous

services to the Committee, $4,000 for

Committee meeting expenses, $3,000 for

staff travel, and $3,000 for investigation

and compliance. Budgeted expenses for

these items in 1996–97 were $30,000,

$4,200, $3,000, and $3,000, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Oregon-California

potatoes. Potato shipments for the year

are estimated at 8,500,000

hundredweight, which should provide

$34,000 in assessment income. Income

derived from handler assessments, along

with 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 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 undertaken as necessary. The

Committee’s 1997–98 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

An interim final rule regarding this

action was published in the May 19,

1997, issue of the Federal Register (62

FR 27169). That rule provided a 30-day

comment period. No comments were

received.

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.

There are approximately 550

producers of Oregon-California potatoes

in the production area and

approximately 40 handlers subject to

regulation under the marketing order.

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 Oregon-California potato

producers and handlers may be

classified as small entities.

This rule establishes, in the regulatory

text, the fiscal period of the Committee

to begin July 1 of each year and end

June 30 of the following year, and

decreases the assessment rate

established for the Committee and

collected from handlers for the 1997–98

and subsequent fiscal periods from

$0.005 to $0.004 per hundredweight.

The Committee unanimously

recommended 1997–98 expenditures of

$53,600 and an assessment rate of

$0.004 per hundredweight of potatoes.

The assessment rate of $0.004 is $0.001

less than the rate currently in effect. As

the Committee’s reserve exceeds the

amount authorized in the order of one

fiscal period’s operational expenses, the

Committee voted to lower its assessment

rate and use more of the reserve to cover

its expenses.

The Committee discussed alternatives

to this rule, including alternative

expenditure levels, but recommended

that the major expenditures for the

1997–98 fiscal period should include

$30,000 for an agreement with the

Oregon Potato Commission to provide

miscellaneous services to the

Committee, $4,000 for Committee

meeting expenses, $3,000 for staff travel,

and $3,000 for investigation and

compliance. The Committee also

discussed the alternative of not

decreasing the assessment rate.

However, it decided against this course

of action because continuation of the

higher rate would not allow it to bring

its operating reserve in line with the

maximum amount authorized under the

order. The reduced assessment rate will

require the Committee to use more of its

reserve for authorized expenses, and

help bring the reserve within authorized

levels.

Potato shipments for the year are

estimated at 8,500,000 hundredweight,

which should provide $34,000 in

assessment income. Income derived

from handler assessments, along with

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.

Recent price information indicates

that the grower price for the 1997–98

marketing season will range between

$4.00 and $7.00 per hundredweight of
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43459

potatoes. Therefore, the estimated

assessment revenue for the 1997–98

fiscal period as a percentage of total

grower revenue will range between .100

and .057 percent.

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 order. In addition, the

Committee’s meeting was widely

publicized throughout the OregonCalifornia potato industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.

Like all Committee meetings, the March

5, 1997, meeting was a public meeting

and all entities, both large and small,

were able to express views on this issue.

This action will not impose any

additional reporting or recordkeeping

requirements on either small or large

Oregon-California potato 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.

In the interim final rule published in

the Federal Register (62 FR 27169) on

May 19, 1997, interested persons were

invited to submit information on the

regulatory and informational impacts of

this action on small businesses. A copy

of the interim final rule was also made

available on the Internet by the U.S.

Government Printing Office. The

comment period ended June 18, 1997,

and no comments were received

concerning the impacts of this action on

small businesses.

After consideration of all relevant

matter 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 is 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: (1) This action reduces the

current assessment rate; (2) the 1997–98

fiscal period began on July 1, 1997, and

the marketing order requires that the

rate of assessment for each fiscal period

apply to all assessable potatoes handled

during such fiscal period; (3) handlers

are aware of this action which was

unanimously recommended by the

Committee at a public meeting and is

similar to other assessment rate actions

issued in past years; and (4) an interim

final rule was published on this action

and provided a 30-day comment period;

no comments were received.

List of Subjects in 7 CFR Part 947

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

PART 947—IRISH POTATOES GROWN

IN MODOC AND SISKIYOU COUNTIES,

CALIFORNIA, AND IN ALL COUNTIES

IN OREGON, EXCEPT MALHEUR

COUNTY

Accordingly, the interim final rule

amending 7 CFR part 947 which was

published at 62 FR 27169 on May 19,

1997, is adopted as a final rule without

change.

Dated: August 8, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–21526 Filed 8–13–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 981

[Docket No. FV97–981–4 FR]

Almonds Grown in California;

Amended Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule increases the

assessment rate for the Almond Board of

California (Board) under Marketing

Order No. 981 for the 1997–98 and

subsequent crop years. The Board is

responsible for local administration of

the marketing order which regulates the

handling of almonds grown in

California. Authorization to assess

almond handlers enables the Board to

incur expenses that are reasonable and

necessary to administer the program.

EFFECTIVE DATE: August 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Martin Engeler, Assistant Regional

Manager, California Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, 2202 Monterey Street,

Suite 102B, Fresno, California 93721;

Telephone: (209) 487–5901, Fax: (209)

487–5906; or George 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 Order No.

981, as amended (7 CFR part 981),

regulating the handling of almonds

grown in California, hereinafter referred

to as the ‘‘order.’’ The marketing 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. Under the marketing

order now in effect, California almond

handlers are subject to assessments.

Funds to administer the order are

derived from such assessments. It is

intended that the assessment rate as

issued herein will be applicable to all

assessable almonds beginning August 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.