Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations 57941

projected at $24.9 million, and trust

fund balances would be $11.9 million.

This action will raise the fees charged

to users of grading services. The AMS

estimates that overall, this rule will

yield an additional $0.5 million during

FY 2001. The hourly rate for resident

and nonresident service will increase by

approximately 4 percent and the fee rate

will increase by approximately 6

percent. The impact of these rate

changes in a poultry plant will range

from less than 0.002 to 0.02 cents per

pound of poultry handled. In a shell egg

plant, the range will be less than 0.009

to 0.09 cents per dozen eggs handled.

Civil Justice Reform

This action has been reviewed under

Executive Order 12988, Civil Justice

Reform. This action is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

Paperwork Reduction

The information collection

requirements that appear in the sections

to be amended by this action have been

previously approved by OMB and

assigned OMB Control Numbers under

the Paperwork Reduction Act (44 U.S.C.

Chapter 35) as follows: § 56.52(a)(4)—

No. 0581–0128; and § 70.77(a)(4)—No.

0581–0127.

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

and determined that good cause exists

for not postponing the effective date of

the action until 30 days after

publication in the Federal Register. The

revised fees need to be implemented on

an expedited basis in order to avoid

further financial losses in the grading

program. The effective date of the fee

increase will be set to coincide with the

billing cycle that begins on the first day

of the first month after date of

publication in the Federal Register.

List of Subjects

7 CFR Part 56

Eggs and egg products, Food grades

and standards, Food labeling, Reporting

and recordkeeping requirements.

7 CFR Part 70

Food grades and standards, Food

labeling, Poultry and poultry products,

Rabbits and rabbit products, Reporting

and recordkeeping requirements.

For reasons set forth in the preamble,

Title 7, Code of Federal Regulations,

parts 56 and 70 are amended as follows:

PART 56—GRADING OF SHELL EGGS

1. The authority citation for part 56

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

2. Section 56.46 is revised to read as

follows:

§ 56.46 On a fee basis.

(a) Unless otherwise provided in this

part, the fees to be charged and

collected for any service performed, in

accordance with this part, on a fee basis

shall be based on the applicable rates

specified in this section.

(b) Fees for grading services will be

based on the time required to perform

the services. The hourly charge shall be

$51.32 and shall include the time

actually required to perform the grading,

waiting time, travel time, and any

clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $59.12

per hour. Information on legal holidays

is available from the Supervisor.

PART 70—VOLUNTARY GRADING OF

POULTRY PRODUCTS AND RABBIT

PRODUCTS

3. The authority citation for part 70

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

4. Section 70.71 is revised to read as

follows:

§ 70.71 On a fee basis.

(a) Unless otherwise provided in this

part, the fees to be charged and

collected for any service performed, in

accordance with this part, on a fee basis

shall be based on the applicable rates

specified in this section.

(b) Fees for grading services will be

based on the time required to perform

such services for class, quality, quantity

(weight test), or condition, whether

ready-to-cook poultry, ready-to-cook

rabbits, or specified poultry food

products are involved. The hourly

charge shall be $51.32 and shall include

the time actually required to perform

the work, waiting time, travel time, and

any clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $59.12

per hour. Information on legal holidays

is available from the Supervisor.

Dated: September 21, 2000.

Kathleen A. Merrigan,

Administrator, Agricultural Marketing

Service.

[FR Doc. 00–24778 Filed 9–26–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV00–989–5 IFR]

Raisins Produced From Grapes Grown

in California; Decreased Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule decreases the

assessment rate established for the

Raisin Administrative Committee

(Committee) for the 2000–01 and

subsequent crop years from $8.50 to

$6.50 per ton of free tonnage raisins

acquired by handlers, and reserve

tonnage raisins released or sold to

handlers for use in free tonnage outlets.

The Committee locally administers the

Federal marketing order which regulates

the handling of raisins produced from

grapes grown in California (order).

Authorization to assess raisin handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The crop year runs from August 1

through July 31. The assessment rate

will remain in effect indefinitely unless

modified, suspended, or terminated.

DATES: Effective September 28, 2000.

Comments received by November 27,

2000, 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 to the Docket Clerk, Marketing

Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Fax: (202) 720–5698, or

E-mail: moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours, or

can be viewed at: http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

Maureen T. Pello, Marketing Specialist,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone: (559) 487–5901, Fax: (559)

487–5906; or George Kelhart, Technical

Advisor, Marketing Order

57942 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations

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) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 989 (7 CFR part 989),

both as amended, regulating the

handling of raisins produced from

grapes 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 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 raisin 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 raisins

beginning on August 1, 2000, and

continue until amended, suspended, or

terminated. This rule will not preempt

any State or local laws, 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 decreases the assessment

rate established for the Committee for

the 2000–01 and subsequent crop years

from $8.50 to $6.50 per ton of free

tonnage raisins acquired by handlers,

and reserve tonnage raisins released or

sold to handlers for use in free tonnage

outlets. The order authorizes volume

control provisions that establish free

and reserve percentages of raisins

acquired by handlers. Free tonnage

raisins may be sold by handlers to any

outlet, and reserve tonnage raisins are

held by handlers for the account of the

Committee or released or sold to

handlers for sale to free tonnage outlets.

Reserve raisins held for the account of

the Committee are not assessable. With

projected assessable tonnage about

23,300 tons higher than last year’s

assessable tonnage, sufficient income

should be generated at the lower

assessment rate for the Committee to

meet its anticipated expenses. This

action was unanimously recommended

by the Committee at a meeting on

August 15, 2000.

Sections 989.79 and 989.80,

respectively, of the order provide

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 California

raisins. 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.

A continuous assessment rate of $5.00

per ton was in effect for the 1996–97

and 1997–98 crop years. Due to short

crops in 1998–99 and 1999–2000, the

assessment rate for those years was

raised to $8.50 per ton.

Regarding the 2000–01 crop year, the

Committee recommended decreasing

the assessment rate to $6.50 per ton of

assessable raisins to cover

recommended administrative

expenditures of $2,145,000. This

compares to budgeted expenses of

$2,482,000 for the 1999–2000 crop year.

Major expenditures include $660,500

for export program administration and

related activities, $477,700 for salaries,

$476,300 for contingencies, and

$160,000 for compliance activities.

Budgeted expenses for these items in

1999–2000 were $549,500, $425,000,

$506,250, and $200,000, respectively.

The recommended $6.50 per ton

assessment rate was derived by dividing

the $2,145,000 in anticipated expenses

by an estimated 330,000 tons of

assessable raisins. The Committee

recommended decreasing its assessment

rate because the projected 2000–01

assessable tonnage of 330,000 tons is

about 23,300 tons higher than last year’s

actual assessed tonnage. Thus, sufficient

income should be generated at the lower

assessment rate for the Committee to

meet its anticipated expenses. Pursuant

to § 989.81(a) of the order, any

unexpended assessment funds from the

crop year must be credited or refunded

to the handlers from whom collected.

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

other 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 crop year 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 2000–01 budget and those

for subsequent crop 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 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.

Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations 57943

There are approximately 20 handlers

of California raisins who are subject to

regulation under the order and

approximately 4,500 raisin producers in

the regulated area. Small agricultural

firms are defined by the Small Business

Administration (13 CFR 121.201) as

those having annual receipts of less than

$5,000,000, and small agricultural

producers are defined as those having

annual receipts of less than $500,000.

Thirteen of the 20 handlers subject to

regulation have annual sales estimated

to be at least $5,000,000, and the

remaining 7 handlers have sales less

than $5,000,000, excluding receipts

from any other sources. No more than 7

handlers, and a majority of producers, of

California raisins may be classified as

small entities, excluding receipts from

other sources.

This rule decreases the assessment

rate established for the Committee and

collected from handlers for the 2000–01

and subsequent crop years from $8.50 to

$6.50 per ton of assessable raisins

acquired by handlers. The Committee

unanimously recommended 2000–01

expenses of $2,145,000. Major

expenditures include $660,500 for

export program administration and

related activities, $477,700 for salaries,

$476,300 for contingencies, and

$160,000 for compliance activities.

Budgeted expenses for these items in

1999–2000 were $549,500, $425,000,

$506,250, and $200,000, respectively.

With anticipated assessable tonnage at

330,000 tons, about 23,300 tons higher

than last year’s actual assessed tonnage,

sufficient income should be generated at

the $6.50 per ton assessment rate to

meet expenses. Pursuant to § 989.81(a)

of the order, any unexpended

assessment funds from the crop year

must be credited or refunded to the

handlers from whom collected.

The industry considered various

alternative assessment rates prior to

arriving at the $6.50 per ton

recommendation. The Committee’s

Audit Subcommittee met on August 8,

2000, to review preliminary budget

information. The subcommittee

considered keeping the assessment rate

at $8.50 per ton. However, this would

have generated a projected $1 million in

excess funds. The subcommittee

considered reducing the rate to $7.50

per ton and ultimately recommended

that rate to the Committee at its meeting

on August 15, 2000. Other options were

discussed at the Committee meeting,

including decreasing the rate to $5.00

per ton. After much deliberation, the

Committee voted to decrease the

assessment rate to $6.50 per ton.

A review of statistical data on the

California raisin industry indicates that

assessment revenue has consistently

been less than one percent of grower

revenue in recent years. Although no

official estimates or data are available

for the upcoming season, it is

anticipated that assessment revenue will

likely continue to be less than one

percent of grower revenue in the 2000–

2001 crop year, especially with the 24

percent decrease in the assessment rate.

Regarding the impact of this action on

affected entities, this action decreases

the assessment rate imposed on

handlers. Assessments are applied

uniformly on all handlers, and some of

the costs may be passed on to

producers. However, decreasing the

assessment rate reduces the burden on

handlers, and may reduce the burden on

producers.

In addition, the Audit Subcommittee’s

meeting on August 8, 2000, and the

Committee’s meeting on August 15,

2000, where this action was deliberated

were public meetings widely publicized

throughout the raisin industry. All

interested persons were invited to

attend the meetings and participate in

the industry’s deliberations. Finally, all

interested persons are invited to submit

information on the regulatory and

information impact of this action on

small businesses.

This rule imposes no additional

reporting or recordkeeping requirements

on either small or large raisin handlers.

As with all Federal marketing order

programs, reports and forms are

periodically reviewed to reduce

information requirements and

duplication by industry and public

sectors agencies. Finally, the

Department has not identified any

relevant Federal rules that duplicate,

overlap, or conflict with this rule.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at: http://www.ams.usda.gov/

fv/moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

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 2000–01 crop year

began on August 1, 2000, and the order

requires that the rate of assessment for

each crop year apply to all assessable

raisins acquired during the year; (2) this

action decreases the assessment rate; (3)

handlers are aware of this action which

was unanimously recommended at a

public meeting and is similar to other

assessment rate actions issued in past

years; and (4) this 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 989

Grapes, Marketing agreements,

Raisins, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 989 is amended as

followed:

PART 989—RAISINS PRODUCED

FROM GRAPES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 989 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 989.347 is revised to read

as follows:

§ 989.347 Assessment rate.

On and after August 1, 2000, an

assessment rate of $6.50 per ton is

established for assessable raisins

produced from grapes grown in

California.

Dated: September 21, 2000.

Eric M. Forman,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 00–24776 Filed 9–26–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245

[INS No. 2048–00]

RIN 1115–AF75

National Interest Waivers for Second

Preference Employment-Based

Immigrant Physicians Serving in

Medically Underserved Areas or at

Department of Veterans Affairs

Facilities; Correction

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Correction to interim rule.