Federal Register / Vol. 60, No. 188 / Thursday, September 28, 1995 / Rules and Regulations 50079

There are approximately 120 handlers

of papayas regulated under the

marketing order each season and

approximately 400 papaya producers in

Hawaii. 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. A majority of these

handlers and producers may be

classified as small entities.

The marketing order, administered by

the Department, requires that the

assessment rate for a particular fiscal

year apply to all assessable papayas

handled from the beginning of such

year. Annual budgets of expenses are

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 handlers

and producers of Hawaii papayas. 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

appropriate budgets. The Committee’s

budget is formulated and discussed in a

public meeting. Thus, all directly

affected persons have an opportunity to

participate and provide input.

The assessment rate recommended by

the Committee is derived by dividing

the anticipated expenses by expected

shipments of papayas. Because that rate

is applied to actual shipments, it must

be established at a rate which will

provide sufficient income to pay the

Committee’s expected expenses.

The Committee met on April 28, 1995,

and unanimously recommended

expenses totaling $562,044 for its 1995–

96 budget. The Committee met again on

July 20, 1995, and unanimously

recommended a new budget because the

original budget contained inaccuracies.

The revised recommendation contained

expenses totaling $465,800 for the

1995–96 budget. This is a $123,400

reduction in expenses compared to the

1994–95 budget of $589,200.

The Committee also unanimously

recommended an assessment rate of

$.0089 per pound for the 1995–96 fiscal

year, which is the same as was

recommended for the 1994–95 fiscal

year. The assessment rate, when applied

to anticipated shipments of 33 million

pounds, would yield $293,700 in

assessment income. Other sources of

program income include $40,000 from

the Hawaii Department of Agriculture,

$57,000 from the USDA’s Foreign

Agricultural Service, $7,800 from the

Japanese Inspection program, $3,000 in

interest income, and $4,766 from the

County of Hawaii. Income from all

sources will be adequate to cover

estimated expenses.

Major expense categories for the 1995

fiscal year include $165,500 for the

market expansion program, $145,000 for

research and development, and $67,600

for salaries. Funds in the reserve at the

end of the 1995–96 fiscal year,

estimated at $112,279 will be within the

maximum permitted by the order of one

fiscal year’s expenses.

An interim final rule was published

in the Federal Register [60 FR 43352,

August 21, 1995] and provided a 30-day

comment period for interested persons.

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 should 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.

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 [5

U.S.C. 553] because the Committee

needs to have sufficient funds to pay its

expenses which are incurred on a

continuous basis. The 1995–96 fiscal

year for the program began July 1, 1995.

The marketing order requires that the

rate of assessment apply to all

assessable papayas handled during the

fiscal year. In addition, handlers are

aware of this action which was

recommended by the Committee at a

public meeting and published in the

Federal Register as an interim final rule.

No comments were received concerning

the interim final rule that is adopted in

this action as a final rule without

change.

List of Subjects in 7 CFR Part 928

Marketing agreements, Papayas,

Reporting and recordkeeping

requirements.

PART 928—PAPAYAS GROWN IN

HAWAII

Accordingly, the interim final rule

amending 7 CFR part 928 which was

published at 60 FR 43351 on August 21,

1995, is adopted as a final rule without

change.

Dated: September 22, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–24044 Filed 9–27–95; 8:45 am]

BILLING CODE 3410–02–P

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.

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.
50080 Federal Register / Vol. 60, No. 188 / Thursday, September 28, 1995 / Rules and Regulations

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