6110 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations

planted and fails, or is planted and

harvested, hayed or grazed on the same

acreage in the same crop year, (other than a

cover crop as specified in section 14

(d)(2)(iii)(A), or a substitute crop allowed in

section 14 (d)(2)(iii)(B)), unless you provide

adequate records of acreage and production

showing that the acreage was double-cropped

in each of the last 4 years in which the

insured crop was grown on the acreage;

(G) When coverage is provided under the

Catastrophic Risk Protection Endorsement if

you plant another crop for harvest on any

acreage you were prevented from planting in

the same crop year, even if you have a history

of double-cropping. If you have a

Catastrophic Risk Protection Endorsement

and receive a prevented planting indemnity,

guarantee, or amount of insurance for a crop

and are prevented from planting another crop

on the same acreage, you may only receive

the prevented planting indemnity, guarantee,

or amount of insurance for the crop on which

the prevented planting indemnity, guarantee,

or amount of insurance is received; or

(H) For which planting history or

conservation plans indicate that the acreage

would have remained fallow for crop rotation

purposes.

(v) For the purpose of determining eligible

acreage for prevented planting coverage,

acreage for all units will be combined and be

reduced by the number of bean acres timely

planted and late planted. For example,

assume you have 100 acres eligible for

prevented planting coverage in which you

have a 100 percent share. The acreage is

located in a single FSA Farm Serial Number

which you insure as two separate optional

units consisting of 50 acres each. If you

planted 60 acres of beans on one optional

unit and 40 acres of beans on the second

optional unit, your prevented planting

eligible acreage would be reduced to zero

(i.e., 100 acres eligible for prevented planting

coverage minus 100 acres planted equals

zero).

(6) In accordance with the provisions of

section 6 (Report of Acreage) of the Basic

Provisions (§ 457.8), you must report by unit

any insurable acreage that you were

prevented from planting. This report must be

submitted on or before the acreage reporting

date. For the purpose of determining acreage

eligible for a prevented planting production

guarantee, the total amount of prevented

planting and planted acres cannot exceed the

maximum number of acres eligible for

prevented planting coverage. Any acreage

you report in excess of the number of acres

eligible for prevented planting coverage, or

that exceeds the number of eligible acres

physically located in a unit, will be deleted

from your acreage report.

15. Written Agreements.

Designated terms of this policy may be

altered by written agreement in accordance

with the following:

(a) You must apply in writing for each

written agreement no later than the sales

closing date, except as provided in section

15(e);

(b) The application for a written agreement

must contain all variable terms of the

contract between you and us that will be in

effect if the written agreement is not

approved;

(c) If approved, the written agreement will

include all variable terms of the contract,

including, but not limited to, crop type or

variety, the guarantee, premium rate, and

price election;

(d) Each written agreement will only be

valid for one year (If the written agreement

is not specifically renewed the following

year, insurance coverage for subsequent crop

years will be in accordance with the printed

policy); and

(e) An application for a written agreement

submitted after the sales closing date may be

approved if, after a physical inspection of the

acreage, it is determined that no loss has

occurred and the crop is insurable in

accordance with the policy and written

agreement provisions.

Signed in Washington, D.C., on February 6,

1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–3327 Filed 2–10–97; 8:45 am]

BILLING CODE 3410–FA–P

Agricultural Marketing Service

7 CFR Part 984

[Docket No. FV96–984–1 FIR]

Walnuts Grown in California;

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

establishing an assessment rate for the

Walnut Marketing Board (Board) under

Marketing Order No. 984 for the 1996–

97 and subsequent marketing years. The

Board is responsible for local

administration of the marketing order

which regulates the handling of walnuts

grown in California. Authorization to

assess walnut handlers enables the

Board to incur expenses that are

reasonable and necessary to administer

the program.

EFFECTIVE DATE: August 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Kate Nelson, Marketing Assistant,

California Marketing Field Office, Fruit

and Vegetable Division, AMS, USDA,

2202 Monterey Street, suite 102B,

Fresno, CA 93721, telephone 209–487–

5901, FAX 209–487–5906, or Martha

Sue Clark, Program Assistant, Marketing

Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, PO.

Box 96456, room 2525–S, 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, PO. 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

and Order No. 984, both as amended (7

CFR part 984), regulating the handling

of walnuts grown in 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, California walnut 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 walnuts

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. 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.

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 actions to the scale of

business subject to such actions in order
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations 6111

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 5,000

producers of walnuts in the production

area and approximately 55 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

California walnut producers and

handlers may be classified as small

entities.

The California walnut 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 California walnuts. 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.

The Board met on September 6, 1996,

and unanimously recommended 1996–

97 expenditures of $2,301,869 and an

assessment rate of $0.0117 per

kernelweight pound of merchantable

walnuts certified. In comparison, last

year’s budgeted expenditures were

$2,280,175. The assessment rate of

$0.0117 is $0.0001 higher than last

year’s established rate. Major

expenditures recommended by the

Board for the 1996–97 year include

$232,684 for general expenses, $150,508

for office expenses, $1,840,677 for

research expenses, $48,000 for a

production research director, and

$30,000 for the reserve. Budgeted

expenses for these items in 1995–96

were $246,847, $140,908, $1,828,420,

$34,000, and $30,000, respectively.

The assessment rate recommended by

the Board was derived by dividing

anticipated expenses by expected

merchantable certifications of California

walnuts. Walnut shipments for the year

are estimated at 198,000,000

kernelweight pounds which will yield

$2,316,600 in assessment income,

which will be adequate to cover

budgeted expenses. Unexpended funds

may be used temporarily to defray

expenses of the subsequent marketing

year, but must be made available to the

handlers from whom collected within

five months after the end of the year.

An interim final rule regarding this

action was published in the November

29, 1996, issue of the Federal Register

(61 FR 60512). That rule provided for a

30-day comment period. No comments

were received.

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 by 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.

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

1996–97 budget and those for

subsequent marketing years 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 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 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 Board needs to have

sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) the 1996–97 marketing year

began on August 1, 1996, and the

marketing order requires that the rate of

assessment for each marketing year

apply to all assessable walnuts 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) an interim final

rule was published on this action and

provided for a 30-day comment period;

no comments were received.

List of Subjects in 7 CFR Part 984

Marketing agreements, Nuts,

Reporting and recordkeeping

requirements, Walnuts.

For the reasons set forth in the

preamble, 7 CFR part 984 is amended as

follows:

PART 984—WALNUTS GROWN IN

CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 984 which was

published at 61 FR 60512 on November

29, 1996, is adopted as a final rule

without change.

Dated: February 5, 1997.

Robert C. Keeney

Director, Fruit and Vegetable Division.

[FR Doc. 97–3284 Filed 2–10–97; 8:45 am]

BILLING CODE 3410–02–P

Food Safety and Inspection Service

9 CFR Part 391

[Docket No. 96–013C]

RIN 0583–AC13

Fee Changes for Inspection Services

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final regulation, ‘‘Fee

Increase for Inspection Services,’’ which

was published on December 13, 1996

(61 FR 65459). The final rule changed

the fees charged to meat and poultry

establishments, importers, and exporters

for providing voluntary inspection,

identification, and certification services;

overtime and holiday services; and

laboratory services.

EFFECTIVE DATE: February 11, 1997.

FOR FURTHER INFORMATION CONTACT:

William L. West, Director, Budget and

Finance Division, Administrative

Management, (202) 720–3367.