This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

65707

Vol. 65, No. 213

Thursday, November 2, 2000

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 250 and 251

General Regulations and Policies—

Food Distribution

CFR Correction

In Title 7 of the Code of Federal

Regulations, parts 210 to 299, revised as

of January 1, 2000, make the following

corrections:

(1) Section 250.3 is corrected by

removing the definition of State and

United States in the effective date note

on page 414, first column, and adding

it to the codified text below the

definition of Situation of distress on

page 413 to read as follows:

§ 250.3 Definitions.

* * * * *

State and United States means any

one of the 50 States, the District of

Columbia, Puerto Rico, the Virgin

Islands, Guam, American Samoa, and

the Trust Territory of the Pacific Islands.

* * * * *

(2) Section 251.10 is corrected in

paragraph (f)(3) by removing the words

‘‘emergency feeding organization or

distribution site’’ and adding in their

place ‘‘eligible recipient agency’’ and in

paragraph (f)(4) by removing the words

‘‘or distribution site’’.

[FR Doc. 00–55518 Filed 11–1–00; 8:45 am]

BILLING CODE 1505–01–D

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Docket No. FV00–929–4 FIR]

Cranberries Grown in States of

Massachusetts, et al.; Increased

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

which increased the assessment rate

established for the Cranberry Marketing

Committee (Committee) for the 1999–

2000 and subsequent fiscal periods from

$0.04 to $0.06 per barrel of cranberries

acquired by handlers. The Committee

locally administers the marketing order

which regulates the handling of

cranberries grown in the States of

Massachusetts, Rhode Island,

Connecticut, New Jersey, Wisconsin,

Michigan, Minnesota, Oregon,

Washington, and Long Island in the

State of New York. Authorization to

assess cranberry handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The fiscal period began

September 1, 1999, and ended August

31, 2000. The assessment rate will

remain in effect indefinitely unless

modified, suspended, or terminated.

EFFECTIVE DATE: November 3, 2000.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Petrella or Kenneth G.

Johnson, DC Marketing Field Office,

Fruit and Vegetable Programs, AMS,

USDA, Suite 2A04, Unit 155, 4700 River

Road, Riverdale, Maryland 20737,

telephone: (301) 734–5243; Fax: (301)

734–5275; 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) 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 Order No.

929, as amended (7 CFR part 929),

regulating the handling of cranberries

grown in Massachusetts, Rhode Island,

Connecticut, New Jersey, Wisconsin,

Michigan, Minnesota, Oregon,

Washington, and Long Island in the

State of New York, hereinafter referred

to as the ‘‘order.’’ The marketing order

is 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, cranberry 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 cranberries

beginning September 1, 1999, 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 continues the increase in the

assessment rate established for the

Committee for the 1999–2000 and

65708 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations

subsequent fiscal periods from $0.04 to

$0.06 per barrel of cranberries acquired

by handlers.

The cranberry 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 of cranberries. 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 1996–1997 fiscal period, 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.

In August of 1999, the Committee

recommended, and the Department

administratively approved, 1999–2000

expenditures of $548,231. The

Committee met on March 30, 2000, and

unanimously recommended additional

1999–2000 expenditures of $127,108 for

total 1999–2000 expenditures of

$675,339 and an assessment rate of

$0.06 per barrel of cranberries. An

increased assessment rate was

recommended by the Committee to

cover additional startup costs in

connection with implementing a

volume control program for 2000–2001.

The Committee held numerous meetings

to discuss the need for volume

regulation which were not contemplated

in the original budget for 1999–2000.

Volume regulation has been

implemented by the Department for the

2000–2001 season to address the

industry’s oversupply situation.

The major increased expenditures

recommended by the Committee for the

1999–2000 fiscal period included

$128,239 for administration costs,

$120,307 for personnel, and $81,700 for

Committee meetings. Budgeted

expenses for these items in the original

1999–2000 budget were $63,531 for

administration, $93,407 for personnel,

and $49,200 for Committee meetings.

In deriving the recommended

assessment rate increase, the Committee

used the actual assessable production of

6,355,413 barrels. This figure is

1,005,413 barrels more than the

5,350,413 barrels estimated at the

beginning of the fiscal period. This

increased rate generated an additional

$127,108 for a total of $341,108 in

assessment income. This amount plus

interest income, funds from other

sources, and funds in the reserve will be

sufficient to cover budgeted expenses.

Funds in the reserve (currently $45,000)

will be kept within the approximately

one year’s operational expenses

permitted by the order (§ 929.42(a)).

The assessment rate 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 the 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 1999–2000 budget and

those for subsequent fiscal periods will

be reviewed and, as appropriate,

approved by the Department.

In a separate action, the Department

will propose to increase the assessment

rate for the 2000–2001 fiscal period to

cover the Committee’s increased costs

associated with implementing volume

regulation. The proposed rule inviting

comments on the increase is being

published in this issue of the Federal

Register.

The Regulatory Flexibility Act and

Effects on Small Businesses

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

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 rules 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 20 handlers

of cranberries who are subject to

regulation under the order and

approximately 1,100 producers of

cranberries in the regulated area. Small

agricultural service firms, which

include handlers, 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. The majority of cranberry

handlers and producers may be

classified as small businesses.

This rule continues the increase in the

assessment rate established for the

Committee and collected from handlers

for the 1999–2000 and subsequent fiscal

periods from $0.04 to $0.06 per barrel of

cranberries. In August of 1999, the

Committee recommended, and the

Department administratively approved,

1999–2000 expenditures of $548,231.

On March 30, 2000, the Committee met

and unanimously recommended

additional expenditures of $127,108 for

total 1999–2000 expenditures of

$675,339. The assessment rate of $0.06

is $0.02 higher than the previous rate.

The quantity of assessable cranberries

for the 1999–2000 year was 6,355,413

barrels, 1,005,413 barrels more than the

5,350,000 estimated at the beginning of

the fiscal period. 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 increased expenditures

recommended by the Committee for the

1999–2000 fiscal period include

$128,239 for administration costs,

$120,307 for personnel, and $81,700 for

Committee meetings. Budgeted

expenses for these items in the original

1999–2000 budget were $63,531 for

administration, $93,407 for personnel,

and $49,200 for Committee meetings.

An increased assessment rate was

recommended by the Committee

because the industry is in a surplus

situation and recommended a volume

regulation for the 2000–2001 season.

The Department has approved that

volume regulation. The Committee

incurred additional startup costs in

connection with the development and

implementation of the volume

regulation program. Also, the

Committee held numerous meetings to

discuss the volume regulation which

were not contemplated in the original

budget.

The Committee discussed the

alternative of continuing the existing

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 65709

assessment rate, but concluded that the

Committee could run out of funds with

the implementation of the volume

regulation program. In deriving the

recommended assessment rate increase,

the Committee used the actual

assessable production for the crop year

at 6,355,413 barrels. This amount plus

adequate supplies in the reserve will be

sufficient to cover budgeted expenses.

Funds in the reserve (currently $45,000)

will be kept within the approximately

one year’s operational expenses

permitted by the order (§ 929.42(a)).

This action continues the increase in

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 cranberry

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the March 30, 2000, meeting

was a public meeting and all entities,

both large and small, were able to

express views on this issue.

This action imposes no additional

reporting or recordkeeping requirements

on either small or large cranberry

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.

An interim final rule concerning this

action was published in the Federal

Register on August 8, 2000. Finally, the

interim final rule was made available

through the Internet by the Office of the

Federal Register. A 60-day comment

period was provided for interested

persons to respond to the interim final

rule. The comment period ended on

October 10, 2000, and no comments

were received.

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 that good cause exists for not

postponing the effective date of this

action until 30 days after publication in

the Federal Register because: (1) The

1999–2000 fiscal period ended August

31, 2000, and all assessable cranberries

acquired by handlers during that period

have been assessed; (2) 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 (3) an interim

final rule was published on this action

which provided for a 60-day comment

period; no comments were received.

List of Subjects in 7 CFR Part 929

Marketing agreements, Cranberries,

Reporting and recordkeeping

requirements.

PART 929—CRANBERRIES GROWN IN

THE STATES OF MASSACHUSETTS,

RHODE ISLAND, CONNECTICUT, NEW

JERSEY, WISCONSIN, MICHIGAN,

MINNESOTA, OREGON,

WASHINGTON, AND LONG ISLAND IN

THE STATE OF NEW YORK

Accordingly, the interim final rule

amending 7 CFR Part 929 which was

published at 65 FR 48349 on August 8,

2000, is adopted as a final rule without

change.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–28142 Filed 11–1–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

7 CFR Parts 1411, 1421, 1427, 1434,

1439, and 1447

RIN 0560–AG18

2000 Crop Agricultural Disaster and

Market Assistance

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: This rule implements

provisions of the Agricultural Risk

Protection Act of 2000 (ARPA) related to

oilseeds payments, peanut marketing

assistance, honey recourse loans, crop

and pasture flood compensation, and

the expansion of eligibility for loan

deficiency payments, for the 2000 crop

year only, to include producers whose

cropland is not covered by a production

flexibility contract. Other provisions of

the APRA will be implemented under

separate rules.

EFFECTIVE DATE: October 27, 2000.

FOR FURTHER INFORMATION CONTACT: Tom

Witzig, Chief, Regulatory Review and

Foreign Investment Disclosure Branch,

USDA/FSA/ORAS/RRFIDB/STOP 0540,

1400 Independence Ave., SW,

Washington, DC, 20250–0540, telephone

(202)205–5851, or by e-mail to:

tom_witzig@wdc.fsa.usda.gov.

SUPPLEMENTARY INFORMATION:

Notice and Comment

Section 263 of the ARPA requires that

these regulations are to be promulgated

without regard to the notice and

comment provisions of 5 U.S.C. 553 or

the Statement of Policy of the Secretary

of Agriculture effective July 24, 1971,

(36 FR 13804) relating to notices of

proposed rulemaking and public

participation in rulemaking. These

regulations are thus issued as final.

Executive Order 12866

This final rule has been determined to

be economically significant under

Executive Order 12866 and has been

reviewed by the Office of Management

and Budget (OMB). A cost-benefit

assessment was completed and is

summarized after the background

section explaining the actions this rule

will take.

Federal Assistance Programs

The titles and numbers of the Federal

assistance programs, as found in the

Catalog of Federal Domestic Assistance,

to which this final rule applies are:

Commodity Loan and Loan Deficiency

Payments—10.051; Production

Flexibility Payments for Contract

Commodities—10.055; Disaster Reserve

Assistance—10.452.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule because USDA is

not required by 5 U.S.C. 553 or any

other provision of law to publish a

notice of proposed rulemaking with

respect to the subject matter of this rule.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on the quality of the human

environment. Therefore, neither an

environmental assessment nor an

Environmental Impact Statement is

needed.