38280 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

number of small entities, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Analysis.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

§ 301.45 [Amended]

2. In § 301.45, paragraph (a) is

amended by adding ‘‘Indiana,’’

immediately before ‘‘Maine,’’.

3. In § 301.45–3, paragraph (a) is

amended by adding an entry for

Indiana, in alphabetical order, to read as

follows:

§ 301.45–3 Generally infested areas.

(a) * * *

Indiana

Steuben County. The entire county.

* * * * *

Done in Washington, DC, this 10th day of

July 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–19001 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV98–931–1 IFR]

Fresh Bartlett Pears Grown in Oregon

and Washington; Decreased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Northwest Fresh

Bartlett Pear Marketing Committee

(Committee) under Marketing Order No.

931 for the 1998–99 and subsequent

fiscal periods from $0.03 to $0.02 per

standard box handled. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of fresh Bartlett pears grown in

Oregon and Washington. Authorization

to assess fresh Bartlett pear handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The 1998–99 fiscal period began July 1

and ends June 30. The assessment rate

will continue in effect indefinitely

unless modified, suspended, or

terminated.

DATES: Effective July 17, 1998.

Comments received by September 14,

1998, will be considered prior to

issuance of a final rule.

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) 205–6632.

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.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, Room 369, Portland,

OR 97204; telephone: (503) 326–2724,

Fax: (503) 326–7440 or George J.

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. 141 and Order No. 931 (7 CFR part

931), regulating the handling of fresh

Bartlett pears grown in Oregon and

Washington 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, fresh Bartlett pear 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 fresh Bartlett

pears beginning July 1, 1998, and

continuing until modified, 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
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38281

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 $0.03 to $0.02 per standard

box handled.

The fresh Bartlett pear 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 fresh Bartlett pears. 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 1997–98 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

indefinitely 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 May 28, 1998,

and unanimously recommended 1998–

99 expenditures of $97,000 and an

assessment rate of $0.02 per standard

box of fresh Bartlett pears handled. In

comparison, last year’s budgeted

expenditures were $111,441. The

assessment rate of $0.02 is $0.01 less

than the rate currently in effect and will

reduce the financial burden on

handlers. At the current rate of $0.03

per standard box and estimated 1998

fresh Bartlett pear shipments of

3,000,000 standard boxes, the projected

reserve on June 30, 1999, would exceed

the level the Committee believed to be

adequate to administer the program. The

Committee discussed lower assessment

rates, but decided that an assessment

rate of less than $0.02 would not

generate the income necessary to

administer the program with an

adequate reserve.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $38,878 for salaries, $5,323 for

office rent, and $4,062 for health

insurance. Budgeted expenses for these

items in 1997–98 were $48,454, $8,187,

and $4,956, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of fresh Bartlett pears. With

fresh Bartlett pear shipments for 1998–

99 estimated at 3,000,000 standard

boxes, the $0.02 per standard box

assessment rate should provide $60,000

in assessment income. Income derived

from handler assessments, along with

funds from the Committee’s authorized

reserve, will be adequate to cover

budgeted expenses. Funds in the reserve

will be kept within the maximum

permitted by the order (approximately

one fiscal year’s operational expenses;

§ 931.42).

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 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 1998–99 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

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 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 1,800

producers of fresh Bartlett pears in the

production area and approximately 65

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 fresh

Bartlett pear producers and handlers

may be classified as small entities.

This rule decreases the assessment

rate established for the Committee and

collected from handlers for the 1998–99

and subsequent fiscal periods from

$0.03 to $0.02 per standard box

handled. The Committee unanimously

recommended 1998–99 expenditures of

$97,000 and an assessment rate of $0.02

per standard box of fresh Bartlett pears

handled. In comparison, last year’s

budgeted expenditures were $111,441.

The assessment rate of $0.02 is $0.01

less than the rate currently in effect. At

the rate of $0.03 per standard box and

estimated 1998 fresh Bartlett pear

shipments of 3,000,000 standard boxes,

the projected reserve on June 30, 1999,

would exceed the level the Committee

believed to be adequate to administer

the program. The assessment rate

reduction would also lessen the

financial burden on handlers. The

Committee decided that an assessment

rate of less than $0.02 would not

generate the income necessary to

administer the program with an

adequate reserve.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $38,878 for salaries, $5,323 for

office rent, and $4,062 for health

insurance. Budgeted expenses for these

items in 1997–98 were $48,454, $8,187,

and $4,956, respectively.

With fresh Bartlett pear shipments for

1998–99 estimated at 3,000,000

standard boxes, the $0.02 rate of

assessment should provide $60,000 in

assessment income. Income derived

from handler assessments, along with

funds from the Committee’s authorized

reserve and miscellaneous income, will

be adequate to cover budgeted expenses.

Funds in the reserve (estimated to be

$33,000 at the end of the 1997–98 fiscal

period) will be kept within the

maximum permitted by the order

(approximately one fiscal year’s

operational expenses; § 931.42).

Recent price information indicates

that the grower price for the 1998–99

marketing season will range between

$7.59 and $12.72 per standard box of

fresh Bartlett pears. Therefore, the

estimated assessment revenue for the

1998–99 fiscal period as a percentage of

total grower revenue will range between

0.26 and 0.16 percent.

This action decreases the assessment

obligation imposed on handlers.

Assessments are applied uniformly on
38282 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

all handlers, and some of the costs may

be passed on to producers. However,

decreasing the assessment rate reduces

the burden on handlers and may reduce

the burden on producers. In addition,

the Committee’s meeting was widely

publicized throughout the fresh Bartlett

pear industry and all interested persons

were invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the May 28, 1998, meeting

was a public meeting and 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 will not impose any

additional reporting or recordkeeping

requirements on either small or large

fresh Bartlett pear 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. After consideration of all relevant

matter 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 upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) This action reduces the

current assessment rate for fresh Bartlett

pears; (2) the 1998–99 fiscal period

began on July 1, 1998, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable fresh Bartlett pears

handled during such fiscal period; (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) this interim

final rule provides a 60-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 931

Marketing agreements, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 931 is amended as

follows:

PART 931—FRESH BARTLETT PEARS

GROWN IN OREGON AND

WASHINGTON

1. The authority citation for 7 CFR

part 931 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 931.231 [Amended]

2. Section 931.231 is amended by

removing the words ‘‘July 1, 1997,’’ and

adding in their place the words ‘‘July 1,

1998,’’ and by removing ‘‘$0.03’’ and

adding in its place ‘‘$0.02.’’

Dated: July 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–19000 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Docket No. FV98–948–1 IFR]

Irish Potatoes Grown in Colorado;

Decreased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Colorado Potato

Administrative Committee, San Luis

Valley Office (Area II) (Committee)

under Marketing Order No. 948 for the

1998–99 and subsequent fiscal periods

from $0.0030 to $0.0015 per

hundredweight of potatoes handled.

The Committee is responsible for local

administration of the marketing order

which regulates the handling of Irish

potatoes grown in Colorado.

Authorization to assess potato handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The 1998–99 fiscal period begins

September 1 and ends August 31. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

DATES: Effective July 17, 1998.

Comments received by September 14,

1998, will be considered prior to

issuance of a final rule.

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) 205–6632.

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.

FOR FURTHER INFORMATION CONTACT:

Dennis L. West, Northwest Marketing

Field Office, Fruit and Vegetable

Programs, AMS, USDA, 1220 SW Third

Avenue, Room 369, Portland, OR 97204;

telephone: (503) 326–2724, Fax: (503)

326–7440, or George J. 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. 97 and Order No. 948, both as

amended (7 CFR part 948), regulating

the handling of Irish potatoes grown in

Colorado 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, Colorado potato 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 potatoes

beginning September 1, 1998, and

continuing until modified, 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.