916 Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Rules and Regulations

Under the marketing order,

cranberries are defined as all varieties of

the fruit Vaccinium macrocarpon grown

in the production area. In 1995, the

cranberry industry experienced a short

crop coupled with increased demand.

To replace the shortage of Vaccinium

macrocarpon, handlers have

supplemented their inventories with

Vaccinium oxycoccus which is a

European species of cranberry,

recognized by the Food and Drug

Administration as a cranberry. Because

of the increase in volume of this species

of cranberry, it is important to the

cranberry industry to know the amount

of Vaccinium oxycoccus that is being

acquired and utilized by handlers.

The order authorizes the committee to

recommend limiting the quantities of

cranberries which may be handled

during any fiscal period. The Secretary

would establish a volume regulation

based on information received from the

committee if the Secretary found that

such regulation would effectuate the

declared policy of the Act. The

committee is considered by the industry

as the source for comprehensive

cranberry related data, primarily data

relating to production, supplies,

utilization and inventories. Therefore, it

is critical to the committee to receive

comprehensive information on

cranberries.

The committee will be able to use this

information on Vaccinium oxycoccus

when considering its decisions to

implement volume regulation within

the industry. Since this species is not

regulated under the order, the

committee needs to know the quantities

and which handlers have acquired

Vaccinium oxycoccus in order to keep

the data on the non-regulated species

separate and apart from the data on the

regulated species, Vaccinium

macrocarpon.

Therefore, the committee

recommended that section 929.105 be

revised by adding a new subparagraph

(c) that requires that handlers also

report on the same form as currently

filed with the committee, the total

quantity of Vaccinium oxycoccus

cranberries the handler acquired and the

disposition of such cranberries. Also,

the handler are required to report the

respective quantities of Vaccinium

oxycoccus cranberries and cranberry

products held by the handler.

The committee and its staff are

responsible for keeping information on

individual handlers’ inventories and

receipt confidential. Information

gathered by the committee, including

information relating to supplies of this

non-regulated species of cranberries,

will only be reported in the aggregate,

along with other pertinent cranberry

data.

The proposed rule concerning this

action was published in the August 21,

1996, Federal Register (61 FR 43186),

with a 30-day comment period ending

September 20, 1996. No comments were

received. The proposed rule also

announced AMS’s intention to request a

revision to the currently approved

information collection requirements

issued under the marketing order. The

information collection requirements

contained in the referenced sections

have been approved by the Office of

Management and Budget (OMB) under

the provisions of 44 U.S.C. Chapter 35

and have been assigned OMB number

0581–0103.

After consideration of all relevant

matter presented, including the

information and recommendations

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.

List of Subjects in 7 CFR Part 929

Cranberries, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 929 is amended as

follows:

1. The authority citation for 7 CFR

part 929 continues to read as follows:

Authority: 7 U.S.C. 601–674.

PART 929—CRANBERRIES GROWN IN

THE STATES OF MASSACHUSETTS,

RHODE ISLAND, CONNECTICUT, NEW

JERSEY, WISCONSIN, MICHIGAN,

MINNESOTA, OREGON,

WASHINGTON, AND LONG ISLAND IN

THE STATE OF NEW YORK

§ 929.105 [Amended]

2. In § 929.105, paragraphs (b) (1) and

(2) are amended by adding the words

‘‘and Vaccinium oxycoccus cranberries’’

after the word ‘‘cranberries’’ everywhere

they appear and paragraph (b)(2) is

amended by adding the words ‘‘and

Vaccinium oxycoccus cranberry

products’’ after the words ‘‘cranberry

products’’.

Dated: December 31, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–276 Filed 1–6– 97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 959

[Docket No. FV96–959–1 IFR]

Onions Grown in South Texas;

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate for the

South Texas Onion Committee

(Committee) under Marketing Order No.

959 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of onions grown in South

Texas. Authorization to assess Texas

onion handlers enables the Committee

to incur expenses that are reasonable

and necessary to administer the

program.

DATES: Effective on August 1, 1996.

Comments received by February 6,

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, P.O. Box 96456, room 2525–S,

Washington, DC 20090–6456, FAX 202–

720–5698. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Belinda G. Garza, Marketing Specialist,

McAllen Marketing Field Office, Fruit

and Vegetable Division, AMS, USDA,

1313 East Hackberry, McAllen, TX

78501, telephone 210–682–2833, FAX

210–682–5942, or Martha Sue Clark,

Program Assistant, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2525–S, Washington,

DC 20090- 6456, telephone 202–720–

9918; 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, 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. 143 and Order No. 959, both as

amended (7 CFR part 959), regulating

the handling of onions grown in South
Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Rules and Regulations 917

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.’’

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. It is intended

that the assessment rate as issued herein

will be applicable to all assessable

onions beginning August 1, 1996, and

continuing until amended, suspended,

or terminated. This rule will not

preempt any State or local laws,

regulations, or policies unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. Such

handler is afforded the opportunity for

a hearing on the petition. The Act

provides that the District court of the

United States in any district in which

the handler is an inhabitant, or has his

or her principal place of business, has

jurisdiction to review the Secretary’s

ruling on the petition, provided an

action is filed not later than 20 days

after the date of the entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this rule on small entities.

The purpose of the RFA is to fit

regulatory action to the scale of

businesses subject to such action 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 48 producers

of South Texas onions in the production

area and approximately 36 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 South

Texas onion producers and handlers

may be classified as small entities.

Texas onion producers and handlers

may be classified as small entities.

The 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 of

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.

The Committee, in a telephone vote,

unanimously recommended 1996–97

administrative expenses of $100,000 for

personnel, office, and the travel portion

of the compliance budget. These

expenses were approved in October

1996. The assessment rate and funding

for research and promotion projects, and

the road guard station maintenance

portion of the compliance budget were

to be recommended at a later Committee

meeting.

The Committee subsequently met on

November 19, 1996, and unanimously

recommended 1996–97 expenditures of

$448,000 and an assessment rate of

$0.07 per 50-pound container or

equivalent of onions. In comparison,

last year’s budgeted expenditures were

$585,250. The assessment rate of $0.07

is $0.03 lower than last year’s

established rate. Major expenditures

recommended by the Committee for the

1996–97 fiscal period include $80,000

for personnel and administrative

expenses, $120,000 for compliance,

$150,000 for promotion, and $98,000 for

onion breeding research. Budgeted

expenses for these items in 1995–96

were $96,250, $144,000, $246,000, and

$99,000, 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 5 million 50-pound

equivalents, which should provide

$350,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, will be

adequate to cover budgeted expenses.

Funds in the reserve will be kept within

the maximum permitted by the order.

This action will reduce the

assessment obligation imposed on

handlers. While this rule will impose

some additional costs on handlers, the

costs are in the form of uniform

assessments on all handlers. Some of

the additional costs may be passed on

to producers. However, these costs will

be offset by the benefits derived from

the operation of the marketing order.

Therefore, the AMS has determined that

this rule will not have a significant

economic impact on a substantial

number of small entities. Interested

persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

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 1996–97 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the 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 upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) The Committee needs to
918 Federal Register / Vol. 62, No. 4 / Tuesday, January 7, 1997 / Rules and Regulations

have sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) the 1996–97 fiscal period

began on August 1, 1996, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable onions 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) this interim

final rule provides a 30-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects 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. A new subpart titled ‘‘Assessment

Rates’’ consisting of a new § 959.237

and a new subpart heading titled

‘‘Handling Regulations’’ are added

immediately preceding § 959.322, to

read as follows:

Note: This section will appear in the Code

of Federal Regulations.

Subpart—Assessment Rates

§ 959.237 Assessment rate.

On and after August 1, 1996, an

assessment rate of $0.07 per 50-pound

container or equivalent is established

for South Texas onions.

Subpart—Handling Regulations

* * * * *

Dated: December 31, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–282 Filed 1–6– 97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Parts 1011 and 1046

[Docket No. DA–96–15]

Milk in the Tennessee Valley and

Louisville-Lexington-Evansville

Marketing Area

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule, correction.

SUMMARY: The Agricultural Marketing

Service is correcting FR Doc. 96–33000,

published December 31, 1996,

pertaining to the termination of baseexcess payment plan provisions

contained in five Federal milk

marketing orders.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Nicholas Memoli, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Washington, DC

20090–6456, (202) 690–1932.

SUPPLEMENTARY INFORMATION: The final

rule that is the subject of this correction

inadvertently omitted regulatory

language terminating the base-excess

payment plan provisions of five Federal

milk marketing orders.

Need for Correction

As published, the final rule contains

errors in amendatory instructions 24

and 32 which may prove to be

misleading and are in need of

clarification.

Correction of Publication

Accordingly, amendatory instructions

24 and 32, respectively, as published on

December 31, 1996 (61 FR 69018), are

corrected as follows:

§ 1011.61 [Corrected]

24. In § 1011.61, paragraph (a)

introductory text is amended by

removing the words ‘‘of July through

February’’, paragraph (a)(6) is amended

by removing the words ‘‘for the months

of July through February’’, paragraph (b)

is removed, and the section heading is

revised as follows:

§ 1046.61 [Corrected]

32. In § 1046.61, paragraph (a)

introductory text is amended by

removing the words ‘‘of July through

February’’, paragraph (a)(6) is amended

by removing the words ‘‘for the months

of July through February’’, paragraph (b)

is removed, and the section heading is

revised to read as follows:

Dated: December 30, 1996.

Richard M. McKee,

Director, Dairy Division.

[FR Doc. 97–280 Filed 1–6–97; 8:45 am]

BILLING CODE 3410–02–M

7 CFR Part 1079

[DA–96–16]

Milk in the Iowa Marketing Area;

Temporary Revision of Rule

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document revises certain

provisions of the Iowa Federal milk

marketing order for the months of

December 1996 through March 1997.

This action decreases the percentage of

a supply plant’s receipts that must be

delivered to fluid milk plants to qualify

a supply plant for pooling under the

Iowa Federal milk order. The applicable

percentage will be decreased 10

percentage points, from 30 percent to 20

percent, for the months of December

1996 through March 1997. The revision

is being made in response to a request

by a pool supply plant that is regulated

under the Iowa order. This action is

necessary to prevent the uneconomic

shipment of milk.

EFFECTIVE DATES: Amendment 1 is

effective January 8, 1997. Amendment 2

is effective December 1, 1996, through

March 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Nicholas Memoli, Marketing Specialist,

USDA/AMS/Division, Order

Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456, (202) 690–1932, e-mail

address

NicholaslXlMemoli@usda.gov.

SUPPLEMENTARY INFORMATION: Prior

document in this proceeding:

Notice of Proposed Temporary

Revision: Issued December 6, 1996;

published December 12, 1996 (61 FR

65366).

The Department is issuing this final

rule in conformance with Executive

Order 12866.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have a 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 Agricultural Marketing

Agreement Act of 1937 (the ‘‘Act’’), as

amended (7 U.S.C. 601–674), 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

request modification or exemption from

such order by filing 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 the law. A

handler is afforded the opportunity for

a hearing on the petition. After a

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 its principal place of

business, has jurisdiction in equity to