This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

65788

Vol. 65, No. 213

Thursday, November 2, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Docket No. FV00–929–5 PR]

Cranberries Grown in the States of

Massachusetts, et al.; Increased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would increase the

assessment rate established for the

Cranberry Marketing Committee

(Committee) for the 2000–2001 and

subsequent fiscal periods from $0.06 to

$0.08 per barrel of cranberries acquired

by handlers. The Committee locally

administers the Federal marketing order

which regulates the handling of

cranberries grown in the production

area. 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

and ends August 30. The assessment

rate would remain in effect indefinitely

unless modified, suspended, or

terminated.

DATES: Comments must be received by

November 17, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, 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.

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 or can be viewed

at: http://www.ams.usda.gov/fv/

moab.html.

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 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, 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 would

be applicable to all assessable

cranberries beginning September 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 would increase the

assessment rate established for the

Committee for the 2000–2001 and

subsequent fiscal periods for cranberries

from $0.06 to $0.08 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 1999–2000 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.

The assessment rate for the 1999–

2000 fiscal period was increased from

$0.04 to $0.06 cents per barrel to

generate enough funds to cover

increased costs due to the industry’s

oversupply situation. Committee

expenses in 1999–2000 were initially

estimated at $548,231, but had to be

increased to $675,339 to cover

additional meeting and other expenses

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules 65789

related to the development of volume

regulation for the 2000–2001 season.

At its June 6, 2000, meeting the

Committee developed its 2000–2001

budget and assessment rate. In July, the

Committee conducted a mail vote and

unanimously recommended

expenditures of $778,840 and an

assessment rate of $.08 per barrel of

cranberries. The expenditures and

assessment rate were discussed and

unanimously reaffirmed at the

Committee’s August 28, 2000, meeting.

A further increase in the assessment rate

for 2000–2001 was recommended

because the Committee needs additional

funds to implement volume regulation

and further address the industry’s

oversupply situation.

The major expenditures

recommended by the Committee for the

2000–2001 fiscal period include

$223,647 for administration costs,

$119,464 for personnel, and $67,500 for

Committee meetings. Budgeted

expenses for these items in the 1999–

2000 budget were $130,358 for

administration, $119,807 for personnel,

and $81,700 for Committee meetings.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

barrels of cranberries acquired by

handlers. Acquisitions for the year are

estimated at 6,400,000 barrels which

should provide $512,000 in assessment

income. Income derived from handler

assessments, along with interest income,

operating reserves, and funds from the

Foreign Agricultural Service for export

marketing programs would be adequate

to cover budgeted expenses. Any excess

funds would be used by the Committee

to build up its operating reserve. Funds

in the reserve, currently $45,000, would

be kept within the approximately one

year’s operational expenses permitted

by the order (§ 929.42(a)).

The proposed assessment rate would

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 would

be effective for an indefinite period, the

Committee would 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 would

evaluate Committee recommendations

and other available information to

determine whether modification of the

assessment rate is needed. Further

rulemaking would be undertaken as

necessary. The Committee’s 2000–2001

budget and those for subsequent fiscal

periods would be reviewed and, as

appropriate, approved by the

Department.

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

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 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 entities.

The assessment rate for the 1999–

2000 fiscal period was increased from

$0.04 to $0.06 cents per barrel to

generate funds to cover additional

expenses resulting from the industry’s

oversupply situation. Committee

expenses in 1999–2000 were initially

estimated at $548,231, but had to be

increased to $675,339 to cover

additional meeting and other expenses

related to the development of volume

regulation for the 2000–2001 season.

This rule would increase the

assessment rate established for the

Committee and collected from handlers

for the 2000–2001 and subsequent fiscal

periods from $0.06 to $0.08 per barrel of

cranberries acquired by handlers. The

Committee unanimously recommended

2000–2001 expenses of $778,840. The

major expenditures recommended by

the Committee include $223,647 for

administration costs, $119,464 for

personnel, and $67,500 for Committee

meetings. Budgeted expenses for these

items in 1999–2000 were $130,358,

$119,807, and $81,700, respectively.

The increased assessment rate was

recommended by the Committee

because the Department has approved a

volume regulation for the 2000–2001

season to help stabilize marketing

conditions. The Committee needs

additional funds to administer the

volume regulation and further address

the industry’s oversupply situation.

The Committee discussed the

alternative of continuing the existing

$0.06 per barrel assessment rate, but

concluded that the Committee could run

out of funds with the implementation of

a volume regulation program. The

assessment rate recommended by the

Committee was derived by dividing

anticipated expenses by expected

barrels of cranberries acquired by

handlers. Acquisitions for the year are

estimated at 6,400,000 barrels which

should provide $512,000 in assessment

income. Income derived from handler

assessments, along with interest income,

operating reserves, and funds from the

Foreign Agricultural Service for export

marketing programs would be adequate

to cover budgeted expenses. Any excess

funds would be used by the Committee

to build up its operating reserve. Funds

in the reserve, currently $45,000, would

be kept within the approximately one

year’s operational expenses permitted

by the order (§ 929.42(a)).

This action would increase the

assessment obligation imposed on

handlers. Assessments are applied

uniformly on all handlers, and some of

the costs may be passed on to

producers. In addition, the Committee’s

meetings were widely publicized

throughout the cranberry industry and

all interested persons were invited to

attend the meetings and participate in

Committee deliberations on all issues.

Like all Committee meetings, 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 would impose 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.

65790 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following website:

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.

A 15-day comment period is provided

to allow interested persons the

opportunity to respond to this request

for information and comments. Fifteen

days is deemed appropriate because: (1)

The Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

2000–2001 fiscal period began on

September 1, 2000, and the order

requires that the rate of assessment for

each fiscal period apply to all assessable

cranberries acquired during such fiscal

period; and (3) handlers are aware of

this action which was unanimously

recommended by the Committee in a

mail vote and discussed at a public

meeting and is similar to other

assessment rate actions issued in past

years.

List of Subjects in 7 CFR Part 929

Marketing agreements, Cranberries,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 929 is proposed to

be amended as follows:

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

1. The authority citation for 7 CFR

part 929 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 929.236 is revised to read

as follows:

§ 929.236 Assessment rate.

On and after September 1, 2000, an

assessment rate of $0.08 per barrel is

established for cranberries.

Dated: October 27, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–28141 Filed 11–1–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency

7 CFR Parts 1930 and 1944

RIN 0575–AC24

Operating Assistance for Off-Farm

Migrant Farmworker Projects

AGENCIES: Rural Housing Service, Rural

Business-Cooperative Service, Rural

Utilities Service, and Farm Service

Agency, USDA.

ACTION: Proposed rule.

SUMMARY: The Rural Housing Service

(RHS), formerly Rural Housing and

Community Development Service

(RHCDS), a successor Agency to the

Farmers Home Administration (FmHA),

proposes to amend its regulations for

the Farm Labor Housing (LH) program

for off-farm migrant housing projects.

This action is taken to implement

section 599C(e) of Pub. L. 105–276,

enacted October 21, 1998, which

amends the Housing Act of 1949 to

permit section 521 rental assistance

funds to be used as operating assistance

in migrant farmworker projects financed

under sections 514 or 516. The intended

result is to reduce operating costs so

that rents may be set at rates that are

affordable to low-income migrant

farmworkers.

DATES: Written or e-mail comments on

this Proposed Rule must be received on

or before January 2, 2001 to be assured

of consideration.

ADDRESSES: Written comments may be

submitted, in duplicate, to the

Regulations and Paperwork

Management Branch, Attention: Jean

Mosley, Rural Development, U.S.

Department of Agriculture, Stop 0742,

1400 Independence Avenue SW,

Washington, DC 20250–0742.

Comments may be submitted via the

Internet by addressing them to

‘‘comments@rus.usda.gov’’ and must

contain the word ‘‘migrant’’ in the

subject. All written comments will be

available for public inspection during

normal working hours at 300 E Street,

SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Linda Armour, Senior Loan Specialist,

Multi-Family Housing Processing

Division, Rural Housing Service, U.S.

Department of Agriculture, Room 5349–

South Building, Stop 0781, 1400

Independence Avenue, SW,

Washington, DC 20250–0781, telephone

(202) 720–1608.

SUPPLEMENTARY INFORMATION:

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12886 and,

therefore, has not been reviewed by the

Office of Management and Budget.

Paperwork Reduction Act

The information collection

requirements contained in this

regulation have been previously

approved by the Office of Management

and Budget (OMB) under the provisions

of 44 U.S.C. chapter 35 and have been

assigned OMB control number 0575-

0045, in accordance with the Paperwork

Reduction Act of 1995. Under the

Paperwork Reduction Act of 1995, no

persons are required to respond to a

collection of information unless it

displays a valid OMB number. The valid

OMB control number assigned to the

collection of information in these

regulations is displayed at the end of the

affected section of the regulation. This

rule does not impose any new

information collection requirements

from those approved by OMB.

Civil Justice Reform

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. In accordance with this rule: (1)

All State and local laws and regulations

that are in conflict with this rule will be

preempted; (2) no retroactive effect will

be given to this rule; and (3)

administrative proceedings in

accordance with 7 CFR part 11 must be

exhausted before bringing suit in court

challenging action taken under this rule.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

RHS generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local, or

tribal governments, in the aggregate, or

to the private sector, of $100 million or

more in any one year. When such a

statement is needed for a rule, section

205 of the UMRA generally requires

RHS to identify and consider a

reasonable number of regulatory

alternatives and adopt the least costly,

more cost-effective or least burdensome