68150 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

the size distribution information

available for the current season. Based

on the size survey, 37.6 percent of the

crop is size 48 or 56. This amount was

somewhat larger than anticipated,

indicating that there were more smaller

sized red grapefruit than the committee

had originally thought. Considering this,

and the other information discussed, the

committee agreed that establishing a

weekly percentage of 35 percent for the

remainder of the regulated period would

address the goals of this regulation,

while providing handlers with some

additional flexibility.

This rule changes the requirements

under the Florida citrus marketing

order. Handlers utilizing the flexibility

of the loan and transfer aspects of this

action are required to submit a form to

the committee. The rule increases the

reporting burden on approximately 80

handlers of red seedless grapefruit who

will be taking about 0.03 hour to

complete each report regarding

allotment loans or transfers. The

information collection requirements

contained in this section have been

approved by the Office of Management

and Budget (OMB) under the provisions

of the Paperwork Reduction Act of 1995

(44 U.S.C. Chapter 35) and assigned

OMB number 0581–0094. 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. However, red seedless grapefruit

must meet the requirements as specified

in the U.S. Standards for Grades of

Florida Grapefruit (7 CFR 51.760

through 51.784) issued under the

Agricultural Marketing Act of 1946 (7

U.S.C. 1621 through 1627). Further, the

public comments received concerning

the proposed rule and previous interim

final rule relative to this action did not

address the initial regulatory flexibility

analysis.

In addition, the committee meetings

were widely publicized throughout the

citrus industry and all interested

persons were invited to attend the

meeting and participate in committee

deliberations on all issues. Like all

committee meetings, the May 28, 1997,

meeting, the August 26, 1997, meeting,

and the October 14, 1997, meeting were

public meetings and all entities, both

large and small, were able to express

views on this issue.

A proposed rule concerning this

action was published in the Federal

Register on Tuesday, July 29, 1997 (62

FR 40482). A 15-day comment period

was provided to allow interested

persons to respond to the proposal.

Thirty-five comments were received. An

interim final rule concerning this action

was published in the Federal Register

on Friday, September 12, 1997 (62 FR

47913). Copies of both rules were

mailed or sent via facsimile to all

committee members and to grapefruit

growers and handlers. The rules were

also made available through the Internet

by the Office of the Federal Register.

The 35 comments received in

response to the proposed rule were

addressed in the interim final rule

published in the Federal Register on

Friday, September 12, 1997 (62 FR

47913).

In the September 12, 1997, interim

final rule, a 10-day comment period was

provided to allow interested persons to

respond to the rule. One comment was

received, that comment was addressed

in an amendment to the interim final

rule published on October 30, 1997 (62

FR 58633). The amendment provided

another 10-day comment period. No

additional comments were received.

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 905

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangelos, Tangerines.

For the reasons set forth in the

preamble, 7 CFR part 905 is amended as

follows:

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

Accordingly, the interim final rule

amending 7 CFR Part 905 which was

published at 62 FR 47913 (September

12, 1997) and amended at 62 FR 58633

(October 30, 1997), is adopted as a final

rule without change.

Dated: December 24, 1997.

Sharon Bomer Lauritsen,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 97–34135 Filed 12–30–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 925

[Docket No. FV98–925–1 IFR]

Grapes Grown in a Designated Area of

Southeastern California; Temporary

Suspension of Continuing Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule suspends the

continuing assessment rate for the

California Desert Grape Administrative

Committee (Committee) under

Marketing Order No. 925 for the 1998

fiscal period. The fiscal period begins

January 1 and ends December 31. The

Committee is responsible for local

administration of the marketing order,

and recommended that no handler

assessments be collected in 1998. It

made this recommendation because it

has enough reserve funds to cover 1998

fiscal year expenses and expenses

expected during the first several months

of fiscal year 1999, and to keep its

operating reserve within the maximum

permitted under the marketing order.

The assessment rate will apply again

during fiscal year 1999 to cover

expenses and to replenish the

Committee’s reserve funds. That rate

will continue in effect indefinitely

unless modified, suspended, or

terminated.

DATES: Effective January 2, 1998.

Comments received by March 2, 1998

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 Programs, AMS,

USDA, Room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax: (202)

205–6632. 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:

Diane Purvis, Marketing Assistant, or

Rose Aguayo, Marketing Specialist,

California Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

2202 Monterey Street, Suite 102B,

Fresno, California 93721; telephone:

(209) 487–5901, Fax: (209) 487–5906; or

George Kelhart, Marketing Order
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68151

Administrative Branch, Fruit and

Vegetable Programs, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, 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) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 925 (7 CFR part 925)

regulating the handling of grapes grown

in a designated area of southeastern

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 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, California grape handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. In 1997, an

assessment rate of $.01 per lug of grapes

was fixed by the Secretary to continue

in effect indefinitely unless modified,

suspended, or terminated. This action

suspends that assessment rate for the

1998 fiscal year. The assessment rate

again will apply in fiscal year 1999, and

it will be applicable to all assessable

grapes beginning January 1, 1999, and

continue in effect 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 temporarily suspends

§ 925.215 of the order’s rules and

regulations. Section 925.215 established

an assessment rate of $0.01 per lug for

fiscal period 1997 and subsequent fiscal

periods. Continuous assessment rates

remain in effect from fiscal period to

fiscal period indefinitely unless

modified, suspended, or terminated by

the Secretary. This rule suspends the

$0.01 assessment rate for the 1998 fiscal

period.

Section 925.41 of the grape 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. In addition, § 925.42

authorizes the use of reserve funds to

cover program expenses. The members

of the Committee are producers and

handlers of California grapes. 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.

Recommendations concerning the

assessment rate are formulated and

discussed in a public meeting. Thus, all

directly affected persons have an

opportunity to participate and provide

input.

The Committee met on November 12,

1997, and unanimously recommended

to carry over the 1997 reserve fund of

almost $190,000, to adopt a budget of

$160,619, and to suspend the

assessment rate of $0.01 per lug of

grapes for the 1998 fiscal period. The

Committee determined that sufficient

funds would be available to meet the

expected 1998 fiscal period expenses,

and to cover anticipated expenses

during the first few months of fiscal year

1999, before handler assessments are

collected. The Committee discussed

alternatives to this rule, including not

suspending the assessment rate, but

concluded that an assessment rate will

not be necessary as there will be

sufficient reserve funds and interest

income to meet the 1998 fiscal period

expenses, and early season expenses in

1999. Also, the Committee

recommended that the major

expenditures for the 1998 fiscal period

should include $100,000 for research,

$25,000 for the sheriff’s patrol, and

$9,109 for the manager’s salary.

Budgeted expenses for these items in

1997 were $100,000 for research,

$25,000 for compliance purposes, and

$8,675 for the manager’s salary. Funds

in the reserve will be kept within the

maximum permitted by the order

(approximately one fiscal period’s

expenses).

Although this assessment rate

suspension only is effective for the 1998

fiscal 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 continuing 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 1998 budget has been

approved; 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 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 27 handlers

of California grapes subject to regulation

under the marketing order and

approximately 80 producers in the

production area. Small agricultural

producers are defined by the Small

Business Administration (13 CFR

121.601) as those whose annual receipts

are less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. Ten of the 27 handlers

subject to regulation have annual grape

sales of at least $5,000,000, excluding

receipts from any other sources. The

remaining 17 handlers have annual

receipts less than $5,000,000, excluding

receipts from other sources. In addition,

70 of the 80 producers subject to

regulation have annual sales of at least

$500,000. The remaining 10 producers
68152 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

1See 1992 Act, section 1376 (12 U.S.C. 4636).

have annual sales less than $500,000,

excluding receipts from any other

sources. Therefore, a majority of

handlers and a minority of producers

are classified as small entities.

This rule suspends § 925.215 of the

order’s rules and regulations, which

established an assessment rate of $0.01

per lug for fiscal period 1997 and

subsequent fiscal periods. This

suspension will be in effect for the 1998

fiscal period.

The Committee discussed alternatives

to this rule, including not suspending

the assessment rate, but concluded that

no assessment rate will be necessary as

there will be sufficient funds in the

reserve and interest income to meet the

1998 fiscal period’s expenses, and

expenses for the first several months of

fiscal year 1999. Also, the Committee

recommended that the major

expenditures for the 1998 fiscal period

should include $100,000 for research,

$25,000 for the sheriff’s patrol, and

$9,109 for the manager’s salary.

Budgeted expenses for these items in

1997 were $100,000 for research,

$25,000 for compliance purposes, and

$8,675 for the manager’s salary. Funds

in the reserve will be kept within the

maximum permitted by the order

(approximately one fiscal period’s

expenses).

Handler costs will be reduced during

the 1998 fiscal year, as assessments will

not be collected. The Committee’s

meeting was widely publicized

throughout the grape industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.

Like all Committee meetings, the

November 12, 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

grape 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 Committee and other

available information, it is hereby found

that the continuing assessment rate on

handlers during the 1998 fiscal period

no longer tends to effectuate the

declared policy of the Act. The

suspension shall continue only through

December 31, 1998, at which time it

shall terminate and the suspended

assessment rate specified in section

925.215 will apply again beginning

January 1, 1999.

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 relieves

restrictions on handlers by suspending

the assessment rate on handlers during

the 1998 fiscal period; (2) the 1998 fiscal

period begins on January 1, 1998, and

this action should be effective as soon

as possible to inform handlers that the

Secretary concurs with the Committee’s

recommendation; (3) handlers are aware

of this action which was unanimously

recommended by the Committee at a

public meeting; 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 925

Grapes, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 925 is amended as

follows:

PART 925—GRAPES GROWN IN A

DESIGNATED AREA OF

SOUTHEASTERN CALIFORNIA

1. The authority citation for 7 CFR

part 925 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 925.215 [Suspended]

2. In Part 925, § 925.215 is suspended

in its entirety effective January 1, 1998,

through December 31, 1998.

Dated: December 23, 1997.

Sharon Bomer Lauritsen,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 97–34094 Filed 12–30–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of Federal Housing Enterprise

Oversight

12 CFR Part 1780

RIN 2550–AA06

Civil Money Penalties

AGENCY: Office of Federal Housing

Enterprise Oversight, HUD.

ACTION: Final rule.

SUMMARY: OFHEO is issuing this final

rule to adjust each civil money penalty

within its jurisdiction to account for

inflation. This action is necessary to

implement the Federal Civil Penalties

Inflation Adjustment Act of 1990, as

amended by the Debt Collection

Improvement Act of 1996.

DATES: This final rule is effective

December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Danielle Arigoni, Research Assistant,

Office of Policy Analysis, or Marvin L.

Shaw, Senior Counsel, Office of General

Counsel, 1700 G Street, NW, 4th Floor,

Washington, DC 20552, telephone (202)

414–3800 (not a toll-free number). The

telephone number for the

Telecommunications Device for the Deaf

is (800) 877–8339.

SUPPLEMENTARY INFORMATION:

I. Background

The Office of Federal Housing

Enterprise Oversight (OFHEO) was

established by Title XIII of the Housing

and Community Development Act of

1992, Pub. L. 102–550, known as the

Federal Housing Enterprises Financial

Safety and Soundness Act of 1992 (1992

Act). OFHEO is an independent office

within the U.S. Department of Housing

and Urban Development (HUD) with

responsibility for ensuring that the

Federal National Mortgage Association

(Fannie Mae) and the Federal Home

Loan Mortgage Corporation (Freddie

Mac) (collectively, the Enterprises) are

adequately capitalized and operating in

a safe and sound manner. The 1992 Act

authorizes OFHEO’s Director (Director)

to impose a civil money penalty for

violations by an Enterprise or its

executive officers or directors of any

statute or regulation under OFHEO’s

jurisdiction.1

Fannie Mae and Freddie Mac are

Government-sponsored enterprises that

provide liquidity to and stability in the

secondary market for residential