Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Rules and Regulations 24539

1995. The marketing orders require that

the rates of assessment apply to all

assessable limes and avocados handled

during the fiscal year. In addition,

handlers are aware of this action which

was recommended by the Committees at

public meetings 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

7 CFR Part 911

Limes, Marketing agreements,

Reporting and recordkeeping

requirements.

7 CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR parts 911 and 915 are

amended as follows:

1. The authority citation for both 7

CFR parts 911 and 915 continues to read

as follows:

Authority: 7 U.S.C. 601–674.

PART 911—LIMES GROWN IN

FLORIDA

Accordingly, the interim final rule

amending 7 CFR part 911 which was

published at 60 FR 8523 on February 15,

1995, is adopted as a final rule without

change.

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

Accordingly, the interim final rule

amending 7 CFR part 915 which was

published at 60 FR 8523 on February 15,

1995, is adopted as a final rule without

change.

Dated: May 3, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–11307 Filed 5–8–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 958

[Docket No. FV95–958–1IFR]

Idaho-Eastern Oregon Onions;

Expenses and Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

authorizes expenditures of $1,111,447

and establishes an assessment rate of

$0.10 per hundredweight of onions

under Marketing Order No. 958 for the

1995–96 fiscal period. Authorization of

this budget enables the Idaho-Eastern

Oregon Onion Committee (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 July 1, 1995, through

June 30, 1996. Comments received by

June 8, 1995, will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this action. Comments must

be sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, P.O. Box 96456, room 2523–S,

Washington, DC 20090–6456, FAX 202–

720–5698. 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:

Martha Sue Clark, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456, telephone number 202–

720–9918, or Robert J. Curry, Northwest

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, GreenWyatt Federal Building, room 369, 1220

Southwest Third Avenue, Portland, OR

97204, telephone number 503–326–

2724.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 130 and Marketing Order No. 958,

both as amended (7 CFR part 958),

regulating the handling of onions grown

in designated counties in Idaho, and

Malheur County, Oregon. 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 U.S. Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This interim final rule has been

reviewed under Executive Order 12778,

Civil Justice Reform. Under the

marketing order now in effect IdahoEastern Oregon onions are subject to

assessments. Funds to administer the

Idaho-Eastern Oregon onion marketing

order are derived from such

assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable onions

during the 1995–96 fiscal period which

begins July 1, 1995, and ends June 30,

1996. This interim 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 8c(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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

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

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 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 450

producers of Idaho-Eastern Oregon

onions under the marketing order and

approximately 35 handlers. 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 Idaho-Eastern Oregon onion

producers and handlers may be

classified as small entities.

The budget of expenses for the 1995–

96 fiscal period was prepared by the

Idaho-Eastern Oregon Onion Committee,

the agency responsible for local

administration of the marketing order,

and submitted to the Department for

approval. The members of the

Committee are producers and handlers
24540 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Rules and Regulations

of Idaho-Eastern Oregon onions. 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. The budget was formulated and

discussed in a public meeting. Thus, all

directly affected persons have had an

opportunity to participate and provide

input.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Idaho-Eastern Oregon

onions. Because that rate will be applied

to actual shipments, it must be

established at a rate that will provide

sufficient income to pay the

Committee’s expenses.

The Committee met on March 21,

1995, and unanimously recommended a

1995–96 budget of $1,111,447, $91,408

more than the previous year. Budget

items for 1995–96 which have increased

compared to those budgeted for 1994–95

(in parentheses) are: Manager’s salary,

$33,472 ($30,429), office salaries,

$66,222 ($62,816), payroll taxes, $9,229

($8,642), health and medical insurance,

$9,182 ($8,700), workman’s

compensation, $1,084 ($929), rent,

$11,000 ($10,000), property insurance,

$1,700 ($1,400), miscellaneous, $12,500

($9,000), promotion, $724,076

($668,500), and contingency, $75,000

($50,000). Items which have decreased

compared to those budgeted for 1994–95

(in parentheses) are: Salary and

disability insurance $1,072 ($1,099),

research, $59,340 ($60,154), and

property tax ($800) for which no

funding was recommended this year.

All other items are budgeted at last

year’s amounts.

The Committee also unanimously

recommended an assessment rate of

$0.10 per hundredweight, the same as

last season. This rate, when applied to

anticipated shipments of 8,800,000

hundredweight, will yield $880,000 in

assessment income. This, along with

$45,000 in interest income and $186,447

from the Committee’s authorized

reserve, will be adequate to cover

budgeted expenses. Funds in the reserve

at the end of the 1994–95 fiscal period,

estimated at $921,500, will be within

the maximum permitted by the order of

one fiscal period’s expenses.

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 by 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.

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 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 because: (1) The

Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

fiscal period begins on July 1, 1995, and

the marketing order requires that the

rate of assessment for the fiscal period

apply to all assessable onions handled

during the 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 budget actions issued in

past years; and (4) this interim final rule

provides a 30-day comment period, and

all comments timely received will be

considered prior to finalization of this

action.

List of Subjects in 7 CFR Part 958

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR Part 958 is amended as

follows:

PART 958—ONIONS GROWN IN

CERTAIN DESIGNATED COUNTIES IN

IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 958 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 958.239 is added to read

as follows:

Note: This section will not appear in the

Code of Federal Regulations.

§ 958.239 Expenses and assessment rate.

Expenses of $1,111,447 by the IdahoEastern Oregon Onion Committee are

authorized, and an assessment rate of

$0.10 per hundredweight of assessable

onions is established for the fiscal

period ending June 30, 1996.

Unexpended funds may be carried over

as a reserve.

Dated: May 3, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–11306 Filed 5–8–95; 8:45 am]

BILLING CODE 3410–02–P

Rural Housing and Community

Development Service

Rural Business and Cooperative

Development Service

Rural Utilities Service

Consolidated Farm Service Agency

7 CFR Part 1924

RIN 0575–AA88

Construction and Repair

AGENCIES: Rural Housing and

Community Development Service, Rural

Business and Cooperative Development

Service, Rural Utilities Service, and

Consolidated Farm Service Agency;

USDA.

ACTION: Final rule.

SUMMARY: The Rural Housing and

Community Development Service

(RHCDS) is amending the regulation on

Planning and Performing Site

Development Work. RHCDS will no

longer review or approve subdivisions,

but will review and approve individual

sites for its program. This action is

consistent with similar actions being

proposed or promulgated by the

Department of Housing and Urban

Development (HUD) and the

Department of Veterans Affairs (VA).

This site approval authority will allow

RHCDS to bring into the program many

low cost homes in subdivisions that

have already been developed. Many of

these were not previously reached

because the seller would not, or could

not afford to furnish RHCDS with all the

required data for a total subdivision

approval.

To assure that eligible individuals are

afforded quality sites, subdivisions must

meet the community standards and the

sites must meet RHCDS site

underwriting criteria. Environmental

reviews will be required on a site by site

basis and cumulative impact will be

addressed when indicated.

EFFECTIVE DATE: June 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Billy Chapman, Senior Loan Specialist,

Rural Housing and Community

Development Service, USDA, Room

5334–S, South Agriculture Building,

14th and Independence Avenue SW.,

Washington, D.C. 20250, Telephone

(202) 720–1485.