This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

28317

Vol. 60, No. 104

Wednesday, May 31, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 946

[Docket No. FV95–946–1FIR]

Irish Potatoes Grown in Washington;

Expenses and Assessment Rate

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 an interim final rule that

authorized expenses and established an

assessment rate that generated funds to

pay those expenses. Authorization of

this budget enables the State of

Washington Potato 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.

EFFECTIVE DATE: July 1, 1995, through

June 30, 1996.

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 202–720–

9918, or Dennis L. West, Northwest

Marketing Field Office, Fruit and

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

Southwest Third Avenue, Portland, OR

97204, telephone 503–326–2724.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 113 and Order No. 946, both as

amended (7 CFR part 946), regulating

the handling of Irish potatoes grown in

Washington. 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 is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. Under the provisions of the

marketing order now in effect,

Washington potatoes are subject to

assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable potatoes

handled during the 1995–96 fiscal

period, which begins July 1, 1995, and

ends June 30, 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. 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 the 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 hereunder, 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 Washington potatoes under

this marketing order, and approximately

50 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

Washington potato producers and

handlers may be classified as small

entities.

The budget of expenses for the 1995–

96 fiscal period was prepared by the

State of Washington Potato 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

of Washington potatoes. They are

familiar with the Committee’s needs and

with the costs of 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 Washington potatoes.

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 February 22,

1995, and unanimously recommended a

1995–96 budget of $42,300, $4,200 more

than the previous year. Budget items for

1995–96 which have increased

compared to those budgeted for 1994–95

(in parentheses) are: Miscellaneous,

$2,000 ($1,500), audit, $1,500 ($1,000),

and compliance audits, $6,000 ($5,200).

The Committee also recommended $400

for social security tax expenses for

which no funding was recommended

separately last year and $17,400 for an

agreement with the Washington State

Potato Commission to provide certain

services to the Committee as specified

in the agreement. Included in the

$17,400 for this year are salaries and

salary expenses which were budgeted

separately last year at $11,200 and

$1,800 and other expenses which were

$2,400 for last year. In this year’s
28318 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

budget, these items are included under

the Commission agreement.

The Committee also unanimously

recommended an assessment rate of

$0.003 per hundredweight, $0.002 less

than last season. This rate, when

applied to anticipated shipments of 9

million hundredweight, will yield

$27,000 in assessment income. This,

along with $15,300 from the

Committee’s authorized reserve will be

adequate to cover budgeted expenses.

Funds in the reserve as of March 31,

1995, were $75,025, which is within the

maximum permitted by the order of two

fiscal periods’ expenses.

An interim final rule was published

in the Federal Register on April 6, 1995

(60 FR 17433). That interim final rule

added § 946.247 to authorize expenses

and establish an assessment rate for the

Committee. That rule provided that

interested persons could file comments

through May 8, 1995. No comments

were received.

While this rule 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 rule 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.

List of Subjects in 7 CFR Part 946

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 946 is amended as

follows:

PART 946—IRISH POTATOES GROWN

IN WASHINGTON

Accordingly, the interim final rule

adding § 946.247 which was published

at 60 FR 17433, is adopted as a final rule

without change.

Dated: May 24, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–13238 Filed 5–30–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 948

[Docket No. FV95–948–1IFR]

Irish Potatoes Grown in Colorado;

Expenses and Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

authorizes expenditures and establishes

an assessment rate under Marketing

Order No. 948 for the 1995–96 fiscal

period. Authorization of this budget

enables the Colorado Potato

Administrative Committee, Northern

Colorado Office (Area III) (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 30, 1995, will be considered prior

to issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this interim final rule.

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 202–720–

9918, or Dennis L. West, Northwest

Marketing Field Office, Fruit and

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

Southwest Third Avenue, Portland, OR

97204, telephone 503–326–2724.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 97 and Marketing Order No. 948,

both as amended (7 CFR part 948),

regulating the handling of Irish potatoes

grown in Colorado. 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 interim final rule has been

reviewed under Executive Order 12778,

Civil Justice Reform. Under the

marketing order now in effect, Colorado

potatoes are subject to assessments.

Funds to administer the Colorado potato

marketing order are derived from such

assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable potatoes

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 85 producers

of Colorado Area III potatoes under the

marketing order and approximately 15

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