This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

20382

Vol. 65, No. 74

Monday, April 17, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 915

[Docket No. FV00–915–2 PR]

Avocados Grown in South Florida;

Increased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would increase the

assessment rate established for the

Avocado Administrative Committee

(Committee) for the 2000–2001 and

subsequent fiscal periods from $0.16 per

55-pound bushel container or

equivalent to $0.19 per 55-pound bushel

container or equivalent of avocados

handled. The Committee is responsible

for local administration of the marketing

order, which regulates the handling of

avocados grown in South Florida.

Authorization to assess avocado

handlers enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The fiscal period began April 1 and

ends March 31. The assessment rate

would remain in effect indefinitely

unless modified, suspended, or

terminated.

DATES: Comments must be received by

May 17, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, Marketing

Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525-S, P.O. Box 96456, Washington,

DC 20090–6456; Fax: (202) 720–5698, or

E-mail: moab.docketclerk@usda.gov.

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:

Doris Jamieson, Marketing Specialist,

Southeast Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

P.O. Box 2276, Winter Haven, Florida

33883; telephone: (863) 299–4770, Fax:

(863) 299–5169; or George Kelhart,

Technical Advisor, 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) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 121 and Order No. 915, both as

amended (7 CFR part 915), regulating

the handling of avocados grown in

South Florida, 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, Florida avocado handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as proposed herein

would be applicable to all assessable

avocados beginning on April 1, 2000,

and continue until amended,

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

later than 20 days after the date of the

entry of the ruling.

This rule would increase the

assessment rate established for the

Committee for the 2000–2001 and

subsequent fiscal periods from $0.16 per

55-pound bushel container or

equivalent to $0.19 per 55-pound bushel

container or equivalent of avocados.

The Florida avocado 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 Florida

avocados. 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 1999–2000 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 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 March 8, 2000,

and unanimously recommended 2000–

2001 expenditures of $186,333 and an

assessment rate of $0.19 per 55-pound

bushel container or equivalent of

avocados. In comparison, last year’s

budgeted expenditures were $164,335.

The assessment rate of $0.19 is $0.03

higher than the rate currently in effect.

The Florida Lime and the Florida

Avocado Administrative Committees

share certain costs (staff, office space,

and equipment) for economy and

Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Proposed Rules 20383

efficiency (7 CFR part 911 and 915).

Each Committee’s share of these costs is

based upon the amount of work

performed and time devoted to

administration. To reflect its increased

share of the workload and resources, the

Avocado Administrative Committee

needs to fund a greater share of the

costs. An increased budget for avocados

is needed to accomplish this.

The major expenditures

recommended by the Committee for the

2000–2001 year include $69,000 for

salaries, $35,000 for national

enforcement, $20,000 for research,

$14,898 for employee benefits, and

$13,782 for insurance and bonds.

Budgeted expenses for these items in

1999–2000 were $46,000, $27,000,

$39,500, $10,040, and $8,955,

respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Florida avocados.

Commodity shipments for the year are

estimated at 900,000 55-pound bushel

containers, which should provide

$171,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, would

be adequate to cover budgeted expenses.

Funds in the reserve (currently

$174,431) would be kept within the

maximum permitted by the order

(approximately three fiscal periods’

expenses, section 915.42(a)(2)).

The proposed assessment rate would

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 would

be in effect for an indefinite period, the

Committee would 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 would

evaluate Committee recommendations

and other available information to

determine whether modification of the

assessment rate is needed. Further

rulemaking would be undertaken as

necessary. The Committee’s 2000–2001

budget and those for subsequent fiscal

periods would 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 rule 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 141 avocado

producers in the production area and

approximately 49 avocado handlers

subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (SBA)

(13 CFR 121.201) as those having annual

receipts less than $500,000, and small

agricultural service firms are defined as

those having annual receipts less than

$500,000,000.

The average grower price for fresh

avocados during the 1998–99 season

was $17.90 per 55-pound bushel box

equivalent for all domestic shipments

and the total shipments were 890,859

bushels. Approximately 10 percent of

all handlers handled 90 percent of the

Florida avocado shipments. Many

avocado handlers ship other tropical

fruit and vegetable products, which are

not included in the Committee’s data

but would contribute further to handler

receipts.

Using these prices, about 90 percent

of avocado handlers could be

considered small businesses under the

SBA definition. The majority of Florida

avocado producers also may be

classified as small entities.

This rule would increase the

assessment rate established for the

Committee and collected from handlers

for the 2000–2001 and subsequent fiscal

periods from $0.16 per 55-pound bushel

container or equivalent to $0.19 per 55-

pound bushel container or equivalent of

avocados. The Committee unanimously

recommended 2000–2001 expenditures

of $186,333 and an assessment rate of

$0.19 per 55-pound bushel container or

equivalent. The proposed assessment

rate of $0.19 is $0.03 higher than the

1999–2000 rate. The quantity of

assessable avocados for the 2000–2001

season is estimated at 900,000 55-pound

bushel containers. Thus, the $0.19 rate

should provide $171,000 in assessment

income. Income derived from handler

assessments, along with interest income

and funds from the Committee?s

authorized reserve, would be adequate

to cover budgeted expenses.

The major expenditures

recommended by the Committee for the

2000–2001 fiscal year include $69,000

for salaries, $35,000 for national

enforcement, $20,000 for research,

$14,898 for employee benefits, and

$13,782 for insurance and bonds.

Budgeted expenses for these items in

1999–2000 were $46,000, $27,000,

$39,500, $10,040, and $8,955,

respectively.

The Florida Lime and the Florida

Avocado Administrative Committees

share certain costs (staff, office space,

and equipment) for economy and

efficiency (7 CFR part 911 and 915).

Each Committee’s share of these costs is

based upon the amount of work

performed and time devoted to

administration. To reflect its increased

share of the workload and resources, the

Avocado Administrative Committee

needs to fund a greater share of the

costs. An increased budget for avocados

is needed to accomplish this.

The Committee reviewed and

unanimously recommended 2000–2001

expenditures of $186,333, which

include increases in administrative and

office salaries, and local and national

enforcement. Prior to arriving at this

budget, the Committee considered

information from various sources, such

as the Committee’s Budget

Subcommittee. Alternative expenditure

levels were discussed. However, the

Committee ultimately determined that

the recommended expenditures were

appropriate to reflect its increased share

of the workload and resource demands.

The assessment rate of $0.19 per 55-

pound bushel container or equivalent of

assessable avocados was then

determined by dividing the total

recommended budget by the quantity of

assessable avocados, estimated at

900,000 55-pound bushel containers or

equivalents for the 2000–2001 fiscal

year. This is approximately $11,000

below the anticipated expenses, which

the Committee determined to be

acceptable.

A review of historical information and

preliminary information pertaining to

the upcoming fiscal year indicates that

the average grower price for the 2000–

2001 season could be close to $17.90 per

55-pound bushel container or

equivalent of avocados. Therefore, the

estimated assessment revenue for the

2000–2001 fiscal year as a percentage of

total grower revenue could be one

percent.

This action would increase the

assessment obligation imposed on

20384 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Proposed Rules

handlers. While assessments impose

some additional costs on handlers, the

costs are minimal and uniform on all

handlers. Some of the additional costs

may be passed on to producers.

However, these costs would be offset by

the benefits derived by the operation of

the marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the Florida

avocado industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the March 8, 2000,

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 proposed rule would impose no

additional reporting or recordkeeping

requirements on either small or large

Florida avocado 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.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

http://www.ams.usda.gov/fv/

moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

A 30-day comment period is provided

to allow interested persons to respond

to this proposed rule. Thirty days is

deemed appropriate because: (1) The

2000–2001 fiscal period began on April

1, 2000, and the marketing order

requires that the rate of assessment for

each fiscal period apply to all assessable

avocados handled during such fiscal

period; (2) the Committee needs to have

sufficient funds to pay its expenses

which are incurred on a continuous

basis; and (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.

List of Subjects in 7 CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 915 is proposed to

be amended as follows:

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

1. The authority citation for 7 CFR

part 915 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 915.235 is revised to read

as follows:

§ 915.235 Assessment rate.

On and after April 1, 2000, an

assessment rate of $0.19 per 55-pound

bushel container or equivalent is

established for avocados grown in South

Florida.

Dated: April 11, 2000.

James R. Frazier,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 00–9451 Filed 4–14–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 91 and 161

[Docket No. 99–053–1]

Origin Health Certificates for Livestock

Exported From the United States

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the animal export regulations to allow

origin health certificates issued for

animals intended for export from the

United States to be valid for longer than

30 days in some cases, based on the

requirements of the country of

destination. Currently, origin health

certificates for animals intended for

export from the United States must

certify that the animals were inspected

within the 30 days prior to the

movement for export. They must also

contain information about any tests

required to be conducted prior to

export. Generally, the animals are

inspected and tested (or samples are

taken for testing) on the same day.

However, some countries require or

allow testing to be conducted more than

30 days prior to the date of export. This

action would allow animals to be

inspected for the origin health

certificate as early as the required

testing or sampling may be performed,

in accordance with the requirements of

the country of destination. We believe

this can be allowed without increasing

the risk of infected or exposed animals

being exported, since all livestock

leaving the United States by sea or air

are inspected again by a U.S.

Department of Agriculture veterinarian

within 24 hours of export; and animals

exported to Canada or Mexico by land

are inspected by those nations prior to

crossing the land border. This action

would simplify the export process and

reduce costs for exporters.

DATES: We invite you to comment on

this docket. We will consider all

comments that we receive by June 16,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–053–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238. Please state that your

comment refers to Docket No. 99–053–

1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue,

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS rules, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Najam Q. Faizi, Senior Staff

Veterinarian, Animals Program,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 39,

Riverdale, MD 20737–1231; (301) 734–

5256.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 91,

‘‘Inspection and Handling of Livestock

for Exportation’’ (referred to below as

the regulations), prescribe conditions for

exporting animals from the United

States. Section 91.3 of the regulations

provides, among other things, that all

animals intended for exportation to a

foreign country must be accompanied

from the State of origin of the export

movement to the port of embarkation or

the border of the United States by an

origin health certificate. The origin

health certificate must certify that the

animals were inspected within the 30