[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50079-50080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10928]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 929

[Docket No. FV95-929-2FIR]


Expenses and Assessment Rate for the 1995-96 Fiscal Year for the 
Marketing Order Covering Cranberries Grown in States of Massachusetts, 
Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, 
Oregon, Washington, and Long Island in the State of New York

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, without change, the provisions of the interim final rule 
which authorized expenses and established an assessment rate for the 
Cranberry Marketing Committee (Committee) under Marketing Order No. 929 
for the 1995-96 fiscal year. Authorization of this budget enables the 
Committee to incur expenses that are reasonable and necessary to 
administer the program. Funds to administer this program are derived 
from assessments on handlers.

DATES: Effective beginning September 1, 1995, through August 31, 1996.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kathleen M. 
Finn, Marketing Order Administration Branch, F&V, AMS, USDA, P.O. Box 
96456, Room 2523-S, Washington, DC 20090-6456; telephone: (202) 720-
5127.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing 
Agreement and Order No. 929 (7 CFR Part 929), as amended, 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 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. 

[[Page 50080]]

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. Under the marketing order provisions now in 
effect, cranberries grown in 10 states are subject to assessments. It 
is intended that the assessment rate as issued herein will be 
applicable to all assessable cranberries during the 1995-96 fiscal year 
beginning September 1, 1995, through August 31, 1996. This final 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. A 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 in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after date of the entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of 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 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 30 handlers of cranberries who are subject 
to regulation under the cranberry marketing order and approximately 
1,050 producers of cranberries in the regulated area. Small 
agricultural producers have been defined by the Small Business 
Administration (13 CFR 121.601) as those having annual receipts of 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 
cranberry producers and handlers may be classified as small entities.
    The cranberry marketing order, administered by the Department, 
requires that the assessment rate for a particular fiscal year apply to 
all assessable cranberries handled from the beginning of such year. The 
budget of expenses for the 1995-96 fiscal year was prepared by the 
Committee, the agency responsible for local administration of this 
marketing order, and submitted to the Department for approval. The 
members of the Committee are producers of cranberries. They are 
familiar with the Committee's needs and with the costs for goods, 
services, and personnel in their local area and are thus in a position 
to formulate an appropriate budget.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of cranberries. 
Because that rate is applied to actual shipments, it must be 
established at a rate which will produce sufficient income to pay the 
Committee's expected expenses. The recommended budget and rate of 
assessment are usually acted upon by the Committee shortly before a 
season starts, and expenses are incurred on a continuous basis. 
Therefore, the budget and assessment rate approval must be expedited so 
that the Committee will have funds to pay its expenses.
    The Committee conducted a mail vote and unanimously recommended 
1995-96 marketing order expenses of $201,336 and an assessment rate of 
$0.03 per 100-pound barrel of cranberries. In comparison, 1994-95 
budgeted expenses were $164,690. The 1995-96 marketing year budgeted 
expenditures of $210,336 are $36,646 more than the previous fiscal 
year. The increase is due to the funding of two new research projects 
for the 1995-96 season. The assessment rate will remain unchanged from 
the previous fiscal year.
    Assessment income for 1995-96 is estimated to total $136,320 based 
on anticipated fresh domestic shipments of $4,544,000 barrels of 
cranberries. The assessment income, plus $4,375 in interest income and 
a withdrawal of $60,641 from the Committee's authorized reserve fund 
will be adequate to cover budgeted expenses. Funds in the reserve at 
the end of the 1994-95 fiscal year are estimated to be
    $150,000. The reserve fund will be within the maximum permitted by 
the order of one fiscal year's expenses.
    Major expense categories for the 1995-96 fiscal year include 
$71,345 for operating expenses, $41,000 for travel expenses, and 
$35,788 for research projects.
    An interim final rule regarding this action was published in the 
August 10, 1995, Federal Register (60 FR 40745), with a 30-day comment 
period ending September 11, 1995. No comments were received.
    While this action will impose some 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 from the operation of the 
marketing order. Therefore, the Administrator of the AMS has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities.
    It is found that the specified expenses for the marketing order 
covered in this rule are reasonable and likely to be incurred and that 
such expenses and the specified assessment rate to cover such expenses 
will tend to effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is further 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 
Committee needs to have sufficient funds to pay its expenses which are 
incurred on a continuous basis; (2) the 1995-96 fiscal year for the 
program began September 1, 1995, and the marketing order requires that 
the rate of assessment apply to all assessable cranberries handled 
during the fiscal year; and (3) an interim final rule was published on 
this action and provided for a 30-day comment period; no comments were 
received.

List of Subjects in 7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

PART 929--CRANBERRIES GROWN IN 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 60 FR 40745 on August 10, 1995, is adopted as a final 
rule without change.

    Dated: September 22, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95- 24045 Filed 9-27-95; 8:45 am]
BILLING CODE 3410-02-P