Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations 53225

diseases and pests, Quarantining,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

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).

2. In § 301.93–3, paragraph (c), the

entry for California is amended by

revising the entry for Los Angeles

County to read as follows:

§ 301.93–3 Quarantined areas.

* * * * *

(c) * * *

California

Los Angeles County. That portion of Los

Angeles County beginning at the intersection

of Arrow Highway and Interstate Highway

605; then west along Arrow Highway to

Buena Vista Street; then north along Buena

Vista Street to Huntington Drive; then east

along Huntington Drive to Foothill

Boulevard; then east along Foothill

Boulevard to the shoreline of the San Gabriel

River; then northeast along the shoreline of

the San Gabriel River to State Highway 39

(San Gabriel Canyon Road); then southeast

along an imaginary line to the intersection of

Sierra Madre Avenue and Glendora Avenue;

then south along Glendora Avenue to Alosta

Avenue; then east along Alosta Avenue to

Lone Hill Avenue; then south along Lone Hill

Avenue to Cypress Street; then west along

Cypress Street to Badillo Street; then

southwest along Badillo Street to Reeder

Avenue; then south along Reeder Avenue to

Puente Street; then southeast along Puente

Street to Via Verde; then southwest along Via

Verde to The Mall; then south along The Mall

to Interstate Highway 10; then west along

Interstate Highway 10 to Grand Avenue; then

southeast along Grand Avenue to Amar Road;

then west and northwest along Amar Road to

Baldwin Park Boulevard; then northeast

along Baldwin Park Boulevard to

Francisquito Avenue; then northwest along

Francisquito Avenue to Ramona Boulevard;

then west along Ramona Boulevard to

Interstate Highway 605; then northeast along

Interstate Highway 605 to the point of

beginning.

Also, that portion of Los Angeles County

beginning at the intersection of Interstate

Highway 10 and Gateway Boulevard; then

east along Interstate Highway 10 to its second

intersection with National Boulevard; then

east along National Boulevard to Jefferson

Boulevard; then east along Jefferson

Boulevard to La Cienega Boulevard; then

south along La Cienega Boulevard to Rodeo

Road; then east along Rodeo Road to Martin

Luther King, Jr. Boulevard; then southeast

along Martin Luther King, Jr. Boulevard to

Crenshaw Boulevard; then south along

Crenshaw Boulevard to Slauson Avenue;

then east along Slauson Avenue to Vermont

Avenue; then south along Vermont Avenue

to Florence Avenue; then east along Florence

Avenue to Interstate Highway 110; then

south along Interstate Highway 110 to

Manchester Avenue; then east along

Manchester Avenue to Avalon Boulevard;

then south along Avalon Boulevard to

Rosecrans Avenue; then west along

Rosecrans Avenue to Interstate Highway 110;

then south along Interstate Highway 110 to

State Highway 91 (Artesia Boulevard); then

west along State Highway 91 (Artesia

Boulevard) to Western Avenue; then south

along Western Avenue to 190th Street; then

west along 190th Street to Anita Street; then

southwest along Anita Street to Herondo

Street; then southwest along Herondo Street

to Hermosa Avenue; then west along an

imaginary line to the Pacific Ocean coastline;

then northwest along the Pacific Ocean

coastline to a point due west of the west end

of Ocean Park Boulevard; then east along an

imaginary line drawn from that point to the

west end of Ocean Park Boulevard; then

northeast along Ocean Park Boulevard to

Gateway Boulevard; then northeast along

Gateway Boulevard to the point of beginning.

Done in Washington, DC, this 7th day of

October 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–27099 Filed 10–10–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 982

[Docket No. FV97–982–1 IFR]

Hazelnuts Grown in Oregon and

Washington; Reduced Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Hazelnut Marketing

Board (Board) under Marketing Order

No. 982 for the 1997–98 and subsequent

marketing years. The Board is

responsible for local administration of

the marketing order which regulates the

handling of hazelnuts grown in Oregon

and Washington. Authorization to

assess hazelnut handlers enables the

Board to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 marketing

year covers the period July 1 through

June 30. The assessment rate will

continue until amended, suspended, or

terminated.

DATES: Effective October 15, 1997.

Comments received by December 15,

1997, will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, Room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax (202)

720–5698. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, or Jadean L.

Williams, Northwest Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, 1220 SW Third Avenue,

Room 369, Portland, OR 97204;

telephone: (503) 326–2724, Fax: (503)

326–7440 or George J. Kelhart,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, Room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, 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 Agreement

No. 115 and Order No. 982, both as

amended (7 CFR part 982), regulating

the handling of hazelnuts grown in

Oregon and Washington 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 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, hazelnut 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 hazelnuts

beginning July 1, 1997, and continuing

until amended, suspended, or

terminated. This rule will not preempt

any State or local laws, regulations, or
53226 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations

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 Board for the

1997–98 and subsequent marketing

years from $0.007 to $0.004 per pound.

The hazelnut marketing order

provides authority for the Board, 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 Board are producers and

handlers of hazelnuts. They are familiar

with the Board’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

marketing years, the Board

recommended, and the Department

approved, an assessment rate that would

continue in effect from marketing year

to marketing year indefinitely unless

modified, suspended, or terminated by

the Secretary upon recommendation

and information submitted by the Board

or other information available to the

Secretary.

The Board met on August 28, 1997,

and unanimously recommended 1997–

98 expenditures of $553,218 and an

assessment rate of $0.004 per pound of

hazelnuts. In comparison, last year’s

budgeted expenditures were $558,974.

The assessment rate of $0.004 is $0.003

less than the rate currently in effect. At

the current rate of $0.007 per pound and

an estimated 1997 hazelnut production

of 70,000,000 pounds, the projected

reserve on June 30, 1998, would exceed

the level the Board believed to be

adequate to administer the program.

Section 982.62 of the order allows the

Board to establish and maintain an

operating monetary reserve in an

amount not to exceed approximately

one marketing year’s operational

expenses. Last year’s actual Board

expenditures totaled $284,894. The

reduced assessment rate is expected to

result in an operating reserve of

$257,497, which is about equal to what

the Board actually spent last year for

program expenses.

The Board discussed lower

assessment rates, but decided that an

assessment rate of less than $0.004

would not generate the income

necessary to administer the program

with an adequate reserve. Major

expenses recommended by the Board for

the 1997–98 marketing year include

$46,864 for personal service (salaries

and benefits), $5,640 for rent, $5,000 for

compliance, $17,000 for a crop survey,

$269,000 for promotion, and $182,364

for an emergency fund. Budgeted

expenses for these items in 1996–97

were $50,020, $5,640, $5,000, $15,000,

$275,000, and $182,364, respectively.

The Board will consider using

emergency funds for authorized

activities when it is reasonably certain

that its estimate of assessable hazelnuts

is reached. It will not be able to make

this determination until December 1997,

the month in which the hazelnut

harvest and deliveries to handlers

usually are completed. Thus, any

decision on whether or not to undertake

any additional activities will not be

made until December 1997, at the

earliest.

The assessment rate recommended by

the Board was derived by dividing

anticipated expenses by expected

shipments of hazelnuts. With hazelnut

shipments for the year estimated at

70,000,000 pounds, the $0.004 per

pound assessment rate should provide

$280,000 in assessment income. Income

derived from handler assessments, along

with interest and funds from the Board’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 Board or

other available information.

Although this assessment rate is

effective for an indefinite period, the

Board will continue to meet prior to or

during each marketing year to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Board meetings are

available from the Board or the

Department. Board meetings are open to

the public and interested persons may

express their views at these meetings.

The Department will evaluate Board

recommendations and other available

information to determine whether

modification of the assessment rate is

needed. Further rulemaking will be

undertaken as necessary. The Board’s

1997–98 budget and those for

subsequent marketing years 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 action on small entities.

Accordingly, AMS has prepared this

initial regulatory flexibility analysis.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and the rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 1,000

producers of hazelnuts in the

production area and approximately 25

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

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

hazelnut producers and handlers may

be classified as small entities.

This rule decreases the assessment

rate established for the Board and

collected from handlers for the 1997–98

and subsequent marketing years. The

Board unanimously recommended

1997–98 expenditures of $553,218 and

an assessment rate of $0.004 per pound

of hazelnuts. The assessment rate of

$0.004 is $0.003 less than the rate

currently in effect. At the current

assessment rate of $0.007 per pound, the

Board’s reserve was projected to exceed

the level the Board believed to be

adequate to administer the program.

Therefore, the Board voted to lower its

assessment rate and use more of the

reserve to cover its expenses. Section

982.62 of the order allows the Board to

establish and maintain an operating
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations 53227

monetary reserve in an amount not to

exceed approximately one marketing

year’s operational expenses. Last year’s

actual Board expenditures totaled

$284,894. The reduced assessment rate

is expected to result in an operating

reserve of $257,497, which is about

equal to what the Board actually spent

last year for program expenses.

The Board discussed alternatives to

this rule, including alternative

expenditure levels. Lower assessment

rates were considered, but not

recommended because they would not

generate the income necessary to

administer the program with an

adequate reserve. Major expenses

recommended by the Board for the

1997–98 marketing years include

$46,864 for personal services (salaries

and benefits), $5,640 for rent, and

$5,000 for compliance, $17,000 for a

crop survey, $269,000 for promotion,

and $182,364 for an emergency fund.

Budgeted expenses for these items in

1996–97 were $50,020, $5,640, $5,000,

$15,000, $275,000, and $182,364,

respectively. As mentioned earlier, the

Board will not make any decision on

using emergency funds until December

1997, at the earliest.

Hazelnut shipments for the year are

estimated at 70,000,000 pounds, which

should provide $280,000 in assessment

income. Income derived from handler

assessments, along with interest and

funds from the Board’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

$0.32 and $0.43 per pound of hazelnuts.

Therefore, the estimated assessment

revenue for the 1997–98 marketing years

as a percentage of total grower revenue

will range between .93 and 1.25 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

Board’s meeting was widely publicized

throughout the hazelnut industry and

all interested persons were invited to

attend the meeting and participate in

Board deliberations on all issues. Like

all Board meetings, the August 28, 1997,

meeting was a public meeting and all

entities, both large and small, were able

to express views on this issue. Finally,

interested persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

This action will not impose any

additional reporting or recordkeeping

requirements on either small or large

hazelnut handlers. As with all Federal

marketing order programs, reports and

forms are periodically reviewed to

reduce information requirements and

duplication by industry and public

sector agencies.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

After consideration of all relevant

matter presented, including the

information and recommendation

submitted by the Board and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) This action reduces the

current assessment rate for hazelnuts;

(2) the 1997–98 marketing year began on

July 1, 1997, and the marketing order

requires that the rate of assessment

apply to all assessable hazelnuts

handled during such marketing year; (3)

handlers are aware of this action which

was unanimously recommended by the

Board at a public meeting and is similar

to other assessment rate actions issued

in past years; and (4) this interim final

rule provides a 60-day comment period,

and all comments timely received will

be considered prior to finalization of

this rule.

List of Subjects in 7 CFR Part 982

Marketing agreements, Hazelnuts,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 982 is amended as

follows:

PART 982—HAZELNUTS GROWN IN

OREGON AND WASHINGTON

1. The authority citation for 7 CFR

part 982 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 982.340 [Amended]

2. Section 982.340 is amended by

removing the words ‘‘July 1, 1996,’’ and

adding in their place the words ‘‘July 1,

1997,’’ and by removing ‘‘$0.007’’ and

adding in its place ‘‘$0.004.’’

Dated: October 7, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–27101 Filed 10–10–97; 8:45 am]

BILLING CODE 3410–02–P

FARM CREDIT ADMINISTRATION

12 CFR Part 615

RIN 3052–AB73

Funding and Fiscal Affairs, Loan

Policies and Operations, and Funding

Operations; Book-Entry Procedures for

Farm Credit Securities

AGENCY: Farm Credit Administration.

ACTION: Final rule.

SUMMARY: The Farm Credit

Administration (FCA), through the FCA

Board (Board), adopts as final with

minor technical changes a previously

adopted interim rule that revises

procedures governing the issuance,

maintenance, and transfer of Farm

Credit securities on the book-entry

system of the Federal Reserve Banks

(Book-entry System). This action

completes rulemaking necessary to

conform FCA book-entry procedures to

the recently revised book-entry

procedures of the Department of the

Treasury (Treasury), which regulates the

Book-entry System for Treasury

securities. The action simultaneously

finalizes conforming amendments in the

book-entry regulations governing

securities of the Farm Credit System

Financial Assistance Corporation (FAC)

and the Federal Agricultural Mortgage

Corporation (Farmer Mac).

EFFECTIVE DATE: January 1, 1997, except

that the technical amendments adopted

herein are effective 30 days after

publication during which either or both

Houses of Congress are in session. A

notice of effective date for the technical

amendments will be published in the

Federal Register.

FOR FURTHER INFORMATION CONTACT:

Laurie A. Rea, Senior Policy Analyst,

Office of Policy Development and

Risk Control, Farm Credit

Administration, McLean, VA 22102–

5090, (703) 883–4498,

or

William L. Larsen, Senior Attorney,

Office of General Counsel, Farm

Credit Administration, McLean, VA

22102–5090, (703) 883–4020, TDD

(703) 883–4444.