Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32595

§ 351.802 Content of notice.

(a)(1) The action to be taken, the

reasons for the action, and its effective

date;

* * * * *

[FR Doc. 98–15860 Filed 6–12–98; 8:45 am]

BILLING CODE 6325–01–P

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Parts 831 and 842

RIN 3206–AI25

Voluntary Early Retirement Authority

AGENCY: Office of Personnel

Management.

ACTION: Interim rule.

SUMMARY: The Office of Personnel

Management is publishing interim

regulations covering Federal employee

voluntary early retirements to

implement new procedures affecting the

application of voluntary early

retirements. These temporary provisions

affect agency requests, OPM approval,

and agency offers of voluntary early

retirement as well as several eligibility

requirements for early retirement during

a major reorganization, major reduction

in force, or major transfer of function.

The basic age and service requirements

for voluntary early retirement remain

unchanged.

DATES: Sections 831.108 and 842.205 are

suspended from June 15, 1998 until

October 1, 1999. Sections 831.114 and

842.213 are added effective from June

15, 1998 through September 30, 1999.

Comments must be received by August

14, 1998.

ADDRESSES: Send written comments to

Mary Lou Lindholm; Associate Director

for Employment; Office of Personnel

Management; Room 6500; 1900 E Street,

NW; Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:

Edward P. McHugh or Gregory P. Keller,

202–606–0960, FAX 202–606–2329.

SUPPLEMENTARY INFORMATION: 5 U.S.C.

8336(d)(2) and 8414(b)(1)(B) provide

that OPM may approve voluntary early

retirement authority for agencies

undergoing a major reorganization,

major reduction in force, or major

transfer of function. 5 U.S.C. 8336(d)(2)

authorizes the voluntary early

retirement of employees under the Civil

Service Retirement System (CSRS),

while 5 U.S.C. 8414(b)(1)(B) authorizes

the voluntary early retirement of

employees under the Federal Employees

Retirement System (FERS).

Section 7001 of Public Law 105–174,

the Supplemental Appropriations and

Rescissions Act, FY 1998, enacted May

1, 1998, provided authority for OPM

and agencies to apply special provisions

affecting the manner in which voluntary

early retirements may be administered

and approved for the period from May

1, 1998, through September 30, 1999.

Under section 7001, an agency may

request a determination from the Office

of Personnel Management that the

agency or agency component(s) is

undergoing a major reorganization,

major reduction in force, or major

transfer of function and that such action

will result in the separation or

downgrading of a significant percentage

of the employees in the agency or

component(s).

The law allows OPM to prescribe

regulations which permit the agency,

after OPM approval, to determine the

scope of voluntary early retirement

offers on the basis of one or more

organizational units; one or more

occupational series or levels; one or

more geographic locations; other similar

nonpersonal factors; or any appropriate

combination of such factors.

Additionally, the law imposes several

restrictions on eligibility for voluntary

early retirement. Employees who have

not been employed continuously by the

agency since at least 31 days prior to the

date of the agency’s requests to OPM for

early retirement; employees serving

under time-limited appointments; and

employees who have been notified that

such employee is to be involuntarily

separated for misconduct or

unacceptable performance are ineligible

for voluntary early retirements during

the period this law is effective.

These interim regulations describe

agencies’ requests to OPM for approval

of a voluntary early retirement

authority; the manner in which agencies

may offer voluntary early retirements;

the responsibilities of agencies in

managing approved voluntary early

retirement authorities; eligibility of

employees for voluntary early

retirement; and agencies’ required

reports to OPM on use of the authorities.

Public Law 105–174 provided for the

application of voluntary early

retirements under these provisions

through September 30, 1999. Therefore,

5 CFR 831.108 and 842.205 are

suspended until October 1, 1999. In lieu

of those sections, §§ 831.114 and

842.213 are added. 5 CFR 831.114

covers voluntary early retirement for

CSRS employees, while the new 5 CFR

842.213 covers voluntary early

retirement for FERS employees.

Notwithstanding any future changes in

the voluntary early retirement statutes,

§§ 831.114 and 842.213 will expire

September 30, 1999, at which time

§§ 831.108 and 842.205 will be restored.

The special provisions in Public Law

105–174 do not affect the existing

statutory requirements in 5 U.S.C.

8336(d) or 8414(b)(1) that, in order to be

eligible for voluntary early retirement,

an individual must have completed 25

years of service or have reached age 50

and completed 20 years of service.

Waiver of Notice of Proposed

Rulemaking and Delay in Effective Date

Pursuant to 5 U.S.C. 553(b)(3)(B), I

find that good cause exists for waiving

the general notice of proposed

rulemaking because it would be

contrary to the public interest. Also,

pursuant to 5 U.S.C. 553(d)(3), I find

that good cause exists to make this

amendment effective in less than 30

days. The general notice of proposed

rulemaking and delay in the effective

date are being waived because these

regulations allow OPM to immediately

implement statutory language in Public

Law 105–174 governing voluntary early

retirements which was effective May 1,

1998, and to give full effect to benefits

extended by that statute.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it only affects Federal

employees.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects

5 CFR Part 831

Administrative practice and

procedure, Alimony, Claims, Disability

benefits, Firefighters, Government

employees, Income taxes,

Intergovernmental relations, Law

enforcement officers, Pensions,

Reporting and recordkeeping

requirements, Retirement.

5 CFR Part 842

Air traffic controllers, Alimony,

Firefighters, Government employees,

Law enforcement officers, Pensions,

Retirement.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending parts

831 and 842 of title 5, Code of Federal

Regulations, as follows:
32596 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

PART 831—RETIREMENT

1. The authority citation for part 831

continues to read as follows:

Authority: 5 U.S.C. 8347; § 831.102 also

issued under 5 U.S.C. 8334; § 831.106 also

issued under 5 U.S.C. 552a; § 831.108 also

issued under 5 U.S.C. 8336(d)(2); § 831.114

also issued under 5 U.S.C. 8336(d)(2) and

section 7001 of Pub. L. 105–174;

§ 831.201(b)(1) also issued under 5 U.S.C.

8347(g); § 831.201(b)(6) also issued under 5

U.S.C. 7701(b)(2); § 831.201(g) also issued

under sections 11202(f), 11232(e), and

11246(b) of Pub. L. 105–33, 111 Stat. 251;

§ 831.204 also issued under section 102(e) of

Pub. L. 104–8, 109 Stat. 102, as amended by

section 153 of Pub. L. 104–134, 110 Stat.

1321; § 831.303 also issued under 5 U.S.C.

8334(d)(2); § 831.502 also issued under 5

U.S.C. 8337; § 831.502 also issued under

section 1(3), E.O. 11228, 3 CFR 1964–1965

Comp.; § 831.663 also issued under 5 U.S.C.

8339(j) and (k)(2); §§ 831.663 and 831.664

also issued under section 11004 (c)(2) of Pub.

L. 103–66, 107 Stat. 412; § 831.682 also

issued under section 201(d) of Pub. L. 99–

251, 100 Stat. 23; subpart S also issued under

5 U.S.C. 8345(k); subpart V also issued under

5 U.S.C. 8343a and section 6001 of Pub. L.

100–203, 101 Stat. 1330–275; § 831.2203 also

issued under section 7001(a)(4) of Pub. L.

101–508, 104 Stat. 1388–328.

Subpart A—Administration and

General Provisions

2. Section 831.108 is suspended from

June 15, 1998 until October 1, 1999.

3. Section 831.114 is added to subpart

A effective from June 15, 1998 through

September 30, 1999, to read as follows:

§ 831.114 Early retirement—major

reorganization, major reduction in force, or

major transfer of function.

(a) Upon an agency’s request, as

described in paragraph (c) of this

section, OPM may make a determination

as provided in 5 U.S.C. 8336(d)(2), that:

(1) The agency is undergoing a major

reduction in force, major reorganization,

or major transfer of function; and

(2) A significant percentage of the

employees serving in the employing

agency will be involuntarily separated,

or subject to a reduction in basic pay.

(b)(1) Based on a determination by

OPM under paragraph (a) of this section,

OPM will provide to the agency the

authority to offer voluntary early

retirements to its employees.

(2) Under an OPM approved

authority, the agency may offer

voluntary early retirements to its

employees based on:

(i) Organizational unit(s);

(ii) Occupational series or level(s);

(iii) Geographic area(s);

(iv) Specific window period(s);

(v) Any similar nonpersonal and

objective factors; or

(vi) Any combination of factors under

this paragraph (b)(2) that the agency

determines to be appropriate and

necessary to accomplish the reductions

which formed the basis for OPM’s

determination under paragraph (a) of

this section.

(3) An employee who separates from

the service voluntarily under authority

of 5 U.S.C. 8336(d)(2) after completing

25 years of service, or becoming age 50

and completing 20 years of service, is

entitled to an annuity if, on the date of

separation, the employee:

(i) Is serving in a position covered by

an offer by the agency as described in

paragraph (b)(2) of this section;

(ii) Has been employed in the

requesting agency at least 31 days prior

to the date the agency requested an

OPM determination under paragraph (a)

of this section;

(iii) Is not serving under a timelimited appointment; and

(iv) Is not in receipt of a decision of

involuntary separation for misconduct

or unacceptable performance.

(4) OPM may approve an agency’s

request for voluntary early retirement

authority to cover the entire period of

the major reduction in force, major

reorganization, or major transfer of

function; or through September 30,

1999, whichever is less.

(c)(1) An agency’s request for

voluntary early retirement must be

signed by the head of the agency or by

a specific designee with delegated

authority.

(2) The agency’s request for voluntary

early retirement must contain the

following:

(i) Identification of the agency or

organizational unit(s) for which a

determination is requested;

(ii) Reasons why the voluntary early

retirement authority is needed. This

explanation must include a detailed

summary of the agency’s personnel and

budgetary situation that will result in an

excess of personnel because of a major

reduction in force, major reorganization,

or major transfer of function as well as

the date on which the agency expects to

involuntarily separate employees as a

result of the major reduction in force,

major reorganization, or major transfer

of function;

(iii) The time period during which

voluntary early retirement will be

offered. At the agency’s discretion, the

agency may request voluntary early

retirement authority to cover the entire

period of the major reduction in force,

major reorganization, or major transfer

of function; or through September 30,

1999, whichever is less;

(iv) The total number of

nontemporary employees in the agency;

(v) The total number of nontemporary

employees in the agency who will be

involuntarily separated or downgraded

because of reduction in force or

relocation during a major reduction in

force, major reorganization, or major

transfer of function;

(vi) The total number of employees in

the agency who are eligible for

voluntary early retirement; and

(vii) An estimate of the total number

of employees in the agency who are

expected to retire early during the

period covered by the request for

voluntary early retirement authority.

(d)(1) The agency may not expand the

availability of voluntary early

retirements or offer early retirements to

employees who are not within the

authority approved by OPM.

(2) Except as provided in paragraph

(d)(3) of this section, the agency may

limit voluntary early retirement offers

during window periods under

paragraph (b)(2)(iv) of this section only

by:

(i) An established opening and closing

date which is announced to employees

at the time of the initial offer; or

(ii) Receipt of a specified number of

applications for retirement, provided

that, at the time of the initial offer, the

agency notified employees that the

agency retained the right to limit

voluntary early retirements on that

basis.

(3) The agency may subsequently

establish a revised closing date, or a

revised number of applications, only

when changes in the conditions that

served as the basis for the approval of

the voluntary early retirement authority

have occurred. The revised closing date,

or number of applications, may be

applicable to the entire authority, or

only to employees in specific

organizational unit(s), occupational

series or level(s), or geographic area(s).

(e) After approval of an authority, the

agency is required to immediately notify

OPM of any subsequent changes in the

conditions that served as the basis for

the approval of the voluntary early

retirement authority.

(f) Agencies are required to provide

OPM with interim and final reports on

each voluntary early retirement

authorization, as covered in OPM’s

approval letter to the agency. OPM may

suspend an agency’s early retirement

authority if the agency is not in

compliance with the reporting

requirements or reporting schedule

provided to the agency in the approval

letter from OPM.

(g) Agencies are responsible for

ensuring that employees are not coerced

into voluntary early retirement. If an

agency finds any instances of coercion,
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32597

it must take appropriate corrective

action.

(h) OPM may terminate an agency’s

authority at any time that OPM

determines the agency is no longer

undergoing the major reorganization,

major reduction in force, or major

transfer of function that formed the

basis for OPM’s approval of the

authority. OPM may take steps to

amend, limit, or terminate an authority

in order to ensure that early retirement

programs are operated in a manner

which is consistent with applicable

laws or regulatory requirements.

(i) Pursuant to section 7001 of Public

Law 105–174 (112 Stat. 91), the

provisions of this section are applicable

until September 30, 1999.

PART 842—FEDERAL EMPLOYEES

RETIREMENT SYSTEM—BASIC

ANNUITY

4. The authority citation for part 842

continues to read as follows:

Authority: 5 U.S.C. 8461(g); §§ 842.104 and

842.106 also issued under 5 U.S.C. 8461(n);

§ 842.105 also issued under 5 U.S.C.

8402(c)(1) and 7701(b)(2); § 842.106 also

issued under section 102(e) of Pub. L.

104–8, 109 Stat. 102, as amended by section

153 of Pub. L. 104–134, 110 Stat. 1321;

§ 842.107 also issued under sections 11202(f),

11232(e), and 11246(b) of Pub. L. 105–33, 111

Stat. 251; § 842.205 also issued under 5

U.S.C. 8414(b)(1)(B); § 842.213 also issued

under 5 U.S.C. 8414(b)(1)(B) and section

7001 of Pub. L. 105-174; §§ 842.604 and

842.611 also issued under 5 U.S.C. 8417;

§ 842.607 also issued under 5 U.S.C. 8416

and 8417; § 842.614 also issued under 5

U.S.C. 8419; § 842.615 also issued under 5

U.S.C. 8418; § 842.703 also issued under

section 7001(a)(4) of Pub. L. 101–508;

§ 842.707 also issued under section 6001 of

Pub. L. 100–203; § 842.708 also issued under

section 4005 of Pub. L. 101–239 and section

7001 of Pub. L. 101–508; subpart H also

issued under 5 U.S.C. 1104.

Subpart B—Eligibility

5. Section 842.205 is suspended from

June 15, 1998 until October 1, 1999.

6. Section 842.213 is added to subpart

B effective from June 15, 1998 through

September 30, 1999, to read as follows:

§ 842.213 Early retirement—major

reorganization, major reduction in force, or

major transfer of function.

(a) Upon an agency’s request, as

described in paragraph (c) of this

section, OPM may make a determination

as provided in 5 U.S.C. 8414(b)(1)(B),

that:

(1) The agency is undergoing a major

reduction in force, major reorganization,

or major transfer of function; and

(2) A significant percentage of the

employees serving in the employing

agency will be involuntarily separated,

or subject to a reduction in basic pay.

(b)(1) Based on a determination by

OPM under paragraph (a) of this section,

OPM will provide to the agency the

authority to offer voluntary early

retirements to its employees.

(2) Under an OPM approved

authority, the agency may offer

voluntary early retirements to its

employees based on:

(i) Organizational unit(s);

(ii) Occupational series or level(s);

(iii) Geographic area(s);

(iv) Specific window period(s);

(v) Any similar nonpersonal and

objective factors; or

(vi) Any combination of factors under

this paragraph (b)(2) that the agency

determines to be appropriate and

necessary to accomplish the reductions

which formed the basis for OPM’s

determination under paragraph (a) of

this section.

(3) An employee who separates from

the service voluntarily under authority

of 5 U.S.C. 8414(b)(1)(B) after

completing 25 years of service, or

becoming age 50 and completing 20

years of service, is entitled to an annuity

if, on the date of separation, the

employee:

(i) Is serving in a position covered by

an offer by the agency as described in

paragraph (b)(2) of this section;

(ii) Has been employed in the

requesting agency at least 31 days prior

to the date the agency requested an

OPM determination under paragraph (a)

of this section;

(iii) Is not serving under a timelimited appointment; and

(iv) Is not in receipt of a decision of

involuntary separation for misconduct

or unacceptable performance.

(4) OPM may approve an agency’s

request for voluntary early retirement

authority to cover the entire period of

the major reduction in force, major

reorganization, or major transfer of

function; or through September 30,

1999, whichever is less.

(c)(1) An agency’s request for

voluntary early retirement must be

signed by the head of the agency or by

a specific designee with delegated

authority.

(2) The agency’s request for voluntary

early retirement must contain the

following:

(i) Identification of the agency or

organizational unit(s) for which a

determination is requested;

(ii) Reasons why the voluntary early

retirement authority is needed. This

explanation must include a detailed

summary of the agency’s personnel and

budgetary situation that will result in an

excess of personnel because of a major

reduction in force, major reorganization,

or major transfer of function as well as

the date on which the agency expects to

involuntarily separate employees as a

result of the major reduction in force,

major reorganization, or major transfer

of function;

(iii) The time period during which

voluntary early retirement will be

offered. At the agency’s discretion, the

agency may request voluntary early

retirement authority to cover the entire

period of the major reduction in force,

major reorganization, or major transfer

of function; or through September 30,

1999, whichever is less;

(iv) The total number of

nontemporary employees in the agency;

(v) The total number of nontemporary

employees in the agency who will be

involuntarily separated or downgraded

because of reduction in force or

relocation during a major reduction in

force, major reorganization, or major

transfer of function;

(vi) The total number of employees in

the agency who are eligible for

voluntary early retirement; and

(vii) An estimate of the total number

of employees in the agency who are

expected to retire early during the

period covered by the request for

voluntary early retirement authority.

(d)(1) The agency may not expand the

availability of voluntary early

retirements or offer early retirements to

employees who are not within the

authority approved by OPM.

(2) Except as provided in paragraph

(d)(3) of this section, the agency may

limit voluntary early retirement offers

during window periods under

paragraph (b)(2)(iv) of this section only

by:

(i) An established opening and closing

date which is announced to employees

at the time of the initial offer; or

(ii) Receipt of a specified number of

applications for retirement, provided

that, at the time of the initial offer, the

agency notified employees that the

agency retained the right to limit

voluntary early retirements on that

basis.

(3) The agency may subsequently

establish a revised closing date, or a

revised number of applications, only

when changes in the conditions that

served as the basis for the approval of

the voluntary early retirement authority

have occurred. The revised closing date,

or number of applications, may be

applicable to the entire authority, or

only to employees in specific

organizational unit(s), occupational

series or level(s), or geographic area(s).

(e) After approval of an authority, the

agency is required to immediately notify

OPM of any subsequent changes in the
32598 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

conditions that served as the basis for

the approval of the voluntary early

retirement authority.

(f) Agencies are required to provide

OPM with interim and final reports on

each voluntary early retirement

authorization, as covered in OPM’s

approval letter to the agency. OPM may

suspend an agency’s early retirement

authority if the agency is not in

compliance with the reporting

requirements or reporting schedule

provided to the agency in the approval

letter from OPM.

(g) Agencies are responsible for

ensuring that employees are not coerced

into voluntary early retirement. If an

agency finds any instances of coercion,

it must take appropriate corrective

action.

(h) OPM may terminate an agency’s

authority at any time that OPM

determines the agency is no longer

undergoing the major reorganization,

major reduction in force, or major

transfer of function that formed the

basis for OPM’s approval of the

authority. OPM may take steps to

amend, limit, or terminate an authority

in order to ensure that early retirement

programs are operated in a manner

which is consistent with applicable

laws or regulatory requirements.

(i) Pursuant to section 7001 of Public

Law 105–174 (112 Stat. 91), the

provisions of this section are applicable

until September 30, 1999.

[FR Doc. 98–15656 Filed 6–12–98; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[Docket No. FV98–958–1 FR]

Onions Grown in Certain Designated

Counties in Idaho, and Malheur

County, Oregon; Decreased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule decreases the

assessment rate established for the

Idaho-Eastern Oregon Onion Committee

(Committee) under Marketing Order No.

958 for the 1998–99 and subsequent

fiscal periods from $0.10 to $0.09 per

hundredweight of onions handled. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of onions

grown in designated counties in Idaho,

and Malheur County, Oregon.

Authorization to assess Idaho-Eastern

Oregon onion handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The fiscal period begins

July 1 and ends June 30. The assessment

rate will remain in effect indefinitely

unless modified, suspended, or

terminated.

EFFECTIVE DATE: June 16, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724, Fax: (503) 326–7440; or

George Kelhart, 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

compliance with this regulation by

contacting Jay Guerber, 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.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 130 and Marketing Order No. 958 (7

CFR part 958), both as amended,

regulating the handling of onions grown

in certain designated counties in Idaho,

and Malheur County, Oregon,

hereinafter referred to as the ‘‘order.’’

The 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 order now in effect,

Idaho-Eastern Oregon 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 onions

beginning on July 1, 1998, 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 decreases the assessment

rate established for the Committee for

the 1998–99 and subsequent fiscal

periods from $0.10 to $0.09 per

hundredweight of onions handled.

The 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 Committee consists of

six producer members, four handler

members, and one public member, each

of whom is 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 budget and assessment rate

were discussed at a public meeting and

all directly affected persons had an

opportunity to participate and provide

input.

For the 1996–97 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate of $0.10 per

hundredweight 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 April 2, 1998,

and unanimously recommended 1998–

99 expenditures of $1,155,205 and an

assessment rate of $0.09 per

hundredweight of onions handled

during the 1998–99 and subsequent

fiscal periods. The Committee estimates

that the 1998–99 onion crop will

approximate 9,200,000 hundredweight

of onions. In comparison, the 1997–98

fiscal period budget was established at

$1,146,916 on an estimated assessable

onion harvest of 8,800,000

hundredweight of onions. The decrease

is necessary to prevent expected

assessment income from exceeding the