Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10419

§ 301.51–9 Costs and charges.

The services of the inspector during

normal business hours will be furnished

without cost to persons requiring the

services. The user will be responsible

for all costs and charges arising from

inspection and other services provided

outside of normal business hours.

Done in Washington, DC, this 28th day of

February 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–5518 Filed 3–6–97; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 925

[Docket No. FV96–925–1 FIR]

Grapes Grown in a Designated Area of

Southeastern California; 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

establishing an assessment rate for the

California Desert Grape Administrative

Committee (Committee) under

Marketing Order No. 925 for the 1997

and subsequent fiscal years. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of table

grapes grown in a designated area of

southeastern California. Authorization

to assess grape handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Tershirra T. Yeager, 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) 720–5127, FAX (202)

720–5698 or Rose Aguayo, Marketing

Specialist, California Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721,

telephone (209) 487–5901, FAX (209)

487–5906. 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

and Order No. 925 (7 CFR part 925)

regulating the handling of table grapes

grown in a designated area of

southeastern 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 order now in effect,

California table grape 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 grapes

beginning January 1, 1997, 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 80 producers

of table grapes in the production area

and approximately 20 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 table grape producers and

handlers are not classified as small

entities.

The table grape 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 California

desert grapes. 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.

The Committee met on December 3,

1996, and unanimously recommended

1997 expenditures of $156,865 and an

assessment rate of $0.01 per lug of table

grapes. In comparison, last year’s

budgeted expenditures were $114,827.

The Committee recommended not to

have an assessment rate for the 1996

fiscal year because there was adequate

money in the reserve to cover estimated

expenses. Major expenditures

recommended by the Committee for the

1997 year include $100,000 for research,

$25,000 for compliance purposes, and

$8,675 for the manager’s salary.

Budgeted expenses for these items in

1996 were $60,000 for research, $25,000

for the sheriff’s patrol and $7,887 for the

manager’s salary.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of California table grapes.

Table grape shipments for the year are

estimated at 8,000,000 lugs which

should provide $80,000 in assessment

income. Income derived from handler

assessments, along with interest income

and funds from the Committee’s

authorized reserve, will be adequate to
10420 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

cover budgeted expenses. Funds in the

reserve will be kept within the

maximum permitted by the order.

An interim final rule regarding this

action was published January 17, 1997,

issue of the Federal Register (62 FR

2547). That rule provided for a 30-day

comment period. No comments were

received.

While this rule will impose 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.

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 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 1997 budget and those for

subsequent fiscal years 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 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 1997 fiscal year began on

January 1, 1997, and the marketing

order requires that the rate of

assessment for each fiscal year apply to

all assessable table grapes handled

during such fiscal year;

(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) an

interim final rule was published on this

action and provided a 30-day comment

period, no comments were received.

List of Subjects in 7 CFR Part 925

Grapes, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 925 is amended as

follows:

PART 925—GRAPES GROWN IN A

DESIGNATED AREA OF

SOUTHEASTERN CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 925 which was

published at 62 FR 2547 on January 17,

1997, is adopted as a final rule without

change.

Dated: March 3, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–5589 Filed 3–6–97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 959

[Docket No. FV96–959–1 FIR]

Onions Grown in South Texas;

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

establishing an assessment rate for the

South Texas Onion Committee

(Committee) under Marketing Order No.

959 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of onions grown in South

Texas. Authorization to assess Texas

onion handlers enables the Committee

to incur expenses that are reasonable

and necessary to administer the

program.

EFFECTIVE DATE: August 1, 1996.

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. 143 and Order No. 959, both as

amended (7 CFR part 959), regulating

the handling of onions 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 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 onion handlers

are subject to assessments. It is intended

that the assessment rate as issued herein

will be applicable to all assessable

onions beginning August 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. 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