Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Rules and Regulations 7659

marketing order, including tomatoes,

imports of that commodity must meet

the same or comparable requirements.

Since the Act does not authorize the

imposition of pack or container

requirements on imports, even when

such requirements are in effect under a

domestic marketing order, no change is

necessary in the tomato import

regulations as a result of this action.

After consideration of all relevant

material presented, the information and

recommendations submitted by the

Committee, and other available

information, it is found that finalizing,

without change, the interim final rule as

published in the Federal Register (61

FR 55729, October 29, 1996) will tend

to effectuate the declared policy of the

Act.

List of Subjects in 7 CFR Part 966

Marketing agreements, Reporting and

recordkeeping requirements, Tomatoes.

For the reasons set forth in the

preamble, 7 CFR part 966 is amended as

follows:

PART 966—TOMATOES GROWN IN

FLORIDA

Accordingly, the interim final rule

amending 7 CFR part 966 which was

published at 61 FR 55729 on October

29, 1996, is adopted as a final rule

without change.

Dated: February 12, 1997.

Robert C. Kenney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–4110 Filed 2–19–97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 979

[Docket No. FV97–979–1 IFR]

Melons 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 Melon Committee

(Committee) under Marketing Order No.

979 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of melons grown in South

Texas. Authorization to assess Texas

melon handlers enables the Committee

to incur expenses that are reasonable

and necessary to administer the

program.

DATES: Effective on October 1, 1996.

Comments received by March 24, 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. 156 and Order No. 979, both as

amended (7 CFR part 979), regulating

the handling of melons grown in South

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 melon handlers

are subject to assessments. It is intended

that the assessment rate as issued herein

will be applicable to all assessable

melons beginning October 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

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 32 producers

of South Texas melons in the

production area and approximately 24

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 South

Texas melon producers and handlers

may be classified as small entities.

The melon 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

melons. 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.
7660 Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Rules and Regulations

Thus, all directly affected persons have

an opportunity to participate and

provide input.

The Committee, in a telephone vote

on September 25, 1996, unanimously

recommended 1996–97 administrative

expenses of $100,000 for personnel,

office and the travel portion of the

compliance budget. These expenses

were approved by the Department in

October 1996. The assessment rate and

funding for the research 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

December 17, 1996, and unanimously

recommended 1996–97 expenditures of

$308,000 and an assessment rate of

$0.07 per carton of melons. In

comparison, last year’s budgeted

expenditures were $395,159. The

assessment rate of $0.07 is the same as

last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 fiscal period

include $84,500 for personnel and

administrative expenses, $115,500 for

compliance, $64,000 for a melon disease

management program, $33,125 for

breeding and variety development, and

$10,875 for melon variety evaluation.

Budgeted expenses for these items in

1995–96 were $95,544, $139,500,

$86,716, $32,674, and $10,875,

respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of South Texas melons.

Melon shipments for the year are

estimated at 3,870,000 cartons, which

should provide $270,900 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 budget expenses. Funds in the

reserve will be kept within the

maximum permitted by the order.

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.

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

have sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) the 1996–97 fiscal period

began on October 1, 1996, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable melons 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, Melons,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 979 is amended as

follows:

PART 979—MELONS GROWN IN

SOUTH TEXAS

1. The authority citation for 7 CFR

part 979 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new subpart titled ‘‘Assessment

Rates’’ consisting of a new § 979.219

and a new subpart heading titled

‘‘Handling Regulations’’ are added

immediately preceding § 979.304, to

read as follows:

Note: This section will appear in the Code

of Federal Regulations.

Subpart—Assessment Rates

§ 979.219 Assessment rate.

On and after October 1, 1996, an

assessment rate of $0.07 per carton is

established for South Texas melons.

Dated: February 13, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–4112 Filed 2–19–97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 987

[Docket No. FV–96–987–3 FR]

Domestic Dates Produced or Packed in

Riverside County, California;

Temporary Relaxation of Size

Requirements for Deglet Noor Dates

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule revises the size

requirements currently prescribed for

the Deglet Noor variety of dates under

the California date marketing order. The

marketing order regulates the handling

of domestic dates produced or packed in

Riverside County, California, and is

administered locally by the California

Date Administrative Committee

(committee). This rule will increase the

current tolerance for individual, whole

Deglet Noor dates weighing less than 6.5

grams (the prescribed minimum) from

10 to 15 percent and will be in effect

through October 31, 1997. The

relaxation is necessary because dates

from the 1996–97 crop are smaller in

size and weight than normal. The

decrease in size and weight is due to

extremely high temperatures

experienced last spring in the

production area. This relaxation was

recommended by the committee to make

a larger quantity of the 1996–97 crop