5736 Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES AND TANGELOS

GROWN IN FLORIDA

PART 944—FRUITS; IMPORT

REGULATIONS

Accordingly, the interim final rule

amending 7 CFR parts 905 and 944

which was published at 64 FR 58759 on

November 1, 1999, is adopted as a final

rule without change.

Dated: January 31, 2000.

Robert C. Keeney

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–2689 Filed 2–4–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 955

[Docket No. FV00–955–1 FR]

Vidalia Onions Grown in Georgia;

Increased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule increases the

assessment rate established for the

Vidalia Onion Administrative

Committee (Committee) for fiscal period

2000 and subsequent fiscal periods from

$0.07 to $0.10 per 50-pound bag of

Vidalia onions handled. The Committee

is responsible for local administration of

the marketing order which regulates the

handling of Vidalia onions grown in

Georgia. Authorization to assess Vidalia

onion handlers enables the Committee

to incur expenses that are reasonable

and necessary to administer the

program. The fiscal period began on

January 1 and ends on December 31.

The assessment rate will remain in

effect indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: February 8, 2000.

FOR FURTHER INFORMATION CONTACT:

William Pimental, Marketing Specialist,

Southeast Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

P.O. Box 2276, Winter Haven, FL

33883–2276; telephone: (863) 299–4770,

Fax: (863) 299–5169; or George Kelhart,

Technical Advisor, 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.

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. 955 (7 CFR part 955),

regulating the handling of Vidalia

Onions grown in Georgia area,

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, Vidalia onion 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 Vidalia

onions beginning January 1, 2000, and

continue 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 increases the assessment

rate established for the Committee for

the fiscal period 2000 and subsequent

fiscal periods from $0.07 to $0.10 per

50-pound bag of Vidalia onions

handled.

The Vidalia 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 Vidalia

onions. 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.

Thus, all directly affected persons have

an opportunity to participate and

provide input.

For the 1998–99 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate that would continue in

effect from fiscal period to fiscal period

unless modified, suspended, or

terminated by the Secretary upon

recommendation and information

submitted by the Committee or other

information available to the Secretary.

The Committee met on September 30,

1999, and unanimously recommended

fiscal period 2000 expenditures of

$421,600 and an assessment rate of

$0.10 per 50-pound bag of Vidalia

onions handled. In comparison, 1998–

1999 budgeted expenditures were

$373,577. However, during the 1998–99

fiscal period the Committee

recommended and the Department

approved a change in the fiscal period

under the order to January 1–December

31 from September 16–September 15 to

make the fiscal period consistent with

the Vidalia onion marketing season (64

FR 48243, September 3, 1999; 64 FR

72265, December 27, 1999). To provide

for continuous operation of the order,

the 1998–99 fiscal period was extended

by 3 and 1⁄2 months (from September 16

to December 31, 1999). As a result,

actual expenditures for 1998–99 are

expected to total about $475,577. In

addition, the quantity of assessable

onions for 1998–99 and assessment

income is much less than expected. The

Committee projected the quantity of

assessable onions for 1998–99 at

4,842,857 50-pound bags and

assessment revenue at $339,000. The

actual quantity of assessable onions is

expected to be 3,617,017 50-pound bags,

and assessment revenue is expected to

total $253,191. Because of this shortfall,

the Committee will have to use more of

its operating reserve to cover approved

expenses than it expected.

The assessment rate of $0.10 is $0.03

higher than the rate currently in effect.

The increase is needed so the

Committee can maintain its operating

Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations 5737

reserve at an acceptable level, and to

cover increases in the Committee’s

promotion expenses for fiscal period

2000.

The major expenditures

recommended by the Committee for

fiscal period 2000 include $135,127 for

administrative costs, $31,800 for

compliance activities, $175,000 for

promotional activities, and $47,000 for

research projects. Budgeted expenses for

these items in 1998–99 (including the

31⁄2 month extension) are $151,127 for

administrative costs, $37,850 for

compliance activities, $161,600 for

promotional activities, and $125,000 for

research projects.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Vidalia onions. Onion

shipments for fiscal period 2000 are

estimated at 4,200,000 50-pound bags or

equivalent which should provide

$420,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, would

be adequate to cover budgeted expenses

for fiscal period 2000. Funds in the

reserve (totaling $110,000 on December

31, 1999), would be kept within the

maximum permitted by the order (about

three fiscal period’s budgeted expenses;

§ 955.44).

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 will be

in effect 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 fiscal period 2000 budget

and those for subsequent fiscal periods

will be reviewed and, as appropriate,

approved by the Department.

This action also changes the 7 CFR

Part number and title from ‘‘Part 911—

Vidalia Onions Grown in Georgia’’ to

‘‘Part 955—Vidalia Onions Grown in

Georgia’’, and the section heading

number from ‘‘§ 911.209 Assessment

rate.’’ to ‘‘955.209 Assessment rate.’’

that appeared at the end of the proposed

rule to correctly state the title and

section heading number.

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. Accordingly,

AMS has prepared this final 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 133

producers of Vidalia onions in the

production area and approximately 91

handlers subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (13 CFR

121.201) 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 Vidalia

onion producers and handlers may be

classified as small entities.

Based on the Georgia Agricultural

Statistical Service and committee data,

the average price for fresh Vidalia

onions during the 1998–99 season was

$15.45 per 50-pound bag or equivalent

and total shipments were 3,617,017

bags. Approximately 28 percent of all

handlers handled 83 percent of Vidalia

onion shipments. Many Vidalia onion

handlers ship other vegetable products

which are not included in the

committee data but would contribute

further to handler receipts.

Using the average price, about 97.4

percent of the Vidalia onion handlers

could be considered small businesses

under the SBA definition. The majority

of Vidalia onion producers and handlers

may be classified as small entities.

This rule increases the assessment

rate established for the Committee and

collected from handlers for fiscal period

2000 and subsequent fiscal periods from

$0.07 to $0.10 per 50-pound bag or

equivalent of assessable Vidalia onions.

The Committee unanimously

recommended fiscal period 2000

expenditures of $421,600 and an

assessment rate of $0.10 per 50-pound

bag or equivalent. The assessment rate

of $0.10 per 50-pound bag is $0.03

higher than the 1998–99 rate. The

quantity of assessable Vidalia onions for

fiscal period 2000 is estimated at

4,200,000 50-pound bags. Thus, the

$0.10 rate should provide $420,000 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.

The major expenditures

recommended by the Committee for

fiscal period 2000 include $135,127 for

administrative costs, $31,800 for

compliance activities, $175,000 for

promotional activities, and $47,000 for

research projects. Budgeted expenses for

these items in 1998–99 (including the

31⁄2 month extension) were $151,127 for

administrative costs, $37,850 for

compliance activities, $161,600 for

promotional activities, and $125,000 for

research projects.

As mentioned earlier, in an effort to

recover from its assessment income

shortfall in 1998–99, maintain its

operating reserve at an acceptable level,

and expand its promotion activities, the

Committee voted unanimously to

increase its assessment rate to cover

operating expenses during fiscal period

2000. The Committee believes that

increased promotion activities are

needed to help the Vidalia onion

industry remain competitive in the

marketplace.

The Committee reviewed and

unanimously recommended fiscal

period 2000 expenditures of $421,600.

Prior to arriving at this budget, the

Committee considered information from

various sources, such as the Budget

Subcommittee, the Research

Subcommittee, and the Advertising and

Promotion Subcommittee. Alternative

expenditure levels were discussed by

these groups, based upon the relative

value of various promotion and research

projects to the Vidalia onion industry.

The assessment rate of $0.10 per 50-

pound bag or equivalent of assessable

Vidalia onions was then determined by

dividing the total recommended budget

by the quantity of assessable onions,

estimated at 4,200,000 50-pound bags

for fiscal period 2000. This rate will

generate $420,000, which is $1,600

below the anticipated expenses. The

Committee found this acceptable

because interest income and reserve

funds are available to make up the

deficit.

A review of historical information and

preliminary information pertaining to

the upcoming fiscal period indicates

that the grower price for fiscal period

2000 could range between $10.00 and

$15.00 per 50-pound bag of Vidalia

5738 Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations

onions. Therefore, the estimated

assessment revenue for fiscal period

2000 as a percentage of total grower

revenue could range between 0.7 and

1.0 percent.

This action increases the assessment

obligation imposed on handlers. While

assessments impose some additional

costs on handlers, the costs are minimal

and uniform on all handlers. Some of

the additional costs may be passed on

to producers. However, these costs are

offset by the benefits derived by the

operation of the marketing order. In

addition, the Committee’s meeting was

widely publicized throughout the

Vidalia onion production area and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.

Like all Committee meetings, the

September 30, 1999, meeting was a

public meeting and all entities, both

large and small, were able to express

views on this issue.

This rule imposes no additional

reporting or recordkeeping requirements

on either small or large Vidalia onion

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.

A proposed rule concerning this

action was published in the Federal

Register on December 13, 1999 (64 FR

69419). Copies of the proposed rule

were also mailed or sent via facsimile to

all Vidalia onion handlers. Finally, the

proposal was made available through

the Internet by the Office of the Federal

Register. A 30-day comment period

ending January 12, 2000, was provided

for interested persons to respond to the

proposal. No comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

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 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

2000 fiscal period began on January 1,

2000, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

Vidalia onions handled during such

period; (2) the Committee needs to have

sufficient funds to pay its expenses

which are incurred on a continuous

basis; and (3) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting. Also, a 30-day comment

period was provided for in the proposed

rule, and no comments were received.

List of Subjects in 7 CFR Part 955

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 955 is amended as

follows:

PART 955—VIDALIA ONIONS GROWN

IN GEORGIA

1. The authority citation for 7 CFR

parts 955 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 955.209 is revised to read

as follows:

§ 955.209 Assessment rate.

On and after January 1, 2000, an

assessment rate of $0.10 per 50-pound

bag or equivalent is established for

Vidalia onions.

Dated: January 31, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–2688 Filed 2–4–00; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL HOUSING FINANCE BOARD

12 CFR Part 936

[No. 2000–04]

RIN 3069–AA95

Information Collection Approval;

Technical Amendment to Community

Support Requirements Rule

AGENCY: Federal Housing Finance

Board.

ACTION: Final rule.

SUMMARY: Under the Paperwork

Reduction Act of 1995 (Act), the Office

of Management and Budget (OMB) has

approved a three-year extension of the

information collection contained in the

Federal Housing Finance Board’s

(Finance Board) community support

requirements regulation and community

support statement form. The OMB

control number approving the

information collection now expires on

January 31, 2003. In accordance with

the requirements of the Act, the Finance

Board is amending the community

support requirements rule to reflect this

new expiration date.

EFFECTIVE DATE: The final rule will

become effective on February 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Emma J. Fitzgerald, Program Analyst,

Program Assistance Division, Office of

Policy, Research and Analysis, by

telephone at 202/408–2874, by

electronic mail at

FITZGERALDE@FHFB.GOV, or by

regular mail at the Federal Housing

Finance Board, 1777 F Street, N.W.,

Washington, D.C. 20006. A

telecommunications device for deaf

persons (TDD) is available at 202/408–

2579.

SUPPLEMENTARY INFORMATION:

I. Background

In order to extend the expiration date

of the OMB control number approving

the information collection contained in

its community support requirements

regulation and community support

statement form, the Finance Board

published requests for public comments

regarding the information collection in

the Federal Register on June 30 and

November 15, 1999. See 64 FR 35157

(June 30, 1999) and 64 FR 61877 (Nov.

15, 1999). The Finance Board also

submitted an analysis of the information

collection, entitled ‘‘Community

Support Requirements,’’ to the OMB for

review and approval. The OMB has

approved a three-year extension of the

information collection under OMB

control number 3069–0003. The OMB

control number now expires on January

31, 2003.

Under the Act and the OMB’s

implementing regulation, 44 U.S.C.

3507 and 5 CFR 1320.5, an agency may

not sponsor or conduct, and a person is

not required to respond to, an

information collection unless the

regulation or form collecting the

information displays a currently valid

OMB control number. Accordingly, the

Finance Board is amending the

community support requirements rule

and community support statement form

to reflect the new expiration date of the

OMB control number.