63610 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Rules and Regulations

for 1994–95 (in parentheses) are:

Equipment purchases, $2,000 ($3,000),

FICA employer, $3,100 ($4,250),

employee benefits (health and dental),

$7,000 ($13,500), research, $48,500

($80,000), and ($8,000) for contract

outside labor, for which no funding was

recommended this year.

The Committee also unanimously

recommended an assessment rate of

$0.10 per 50-pound bag or equivalent of

Vidalia onions, the same as last year.

This rate, when applied to anticipated

shipments of 3,017,500 50-pound bags

or equivalents of Vidalia onions, would

yield $301,750. The Committee also

anticipates shipments of 50,000 50-

pound bags of previously unassessed

Vidalia onions which have been in

storage, which will yield an additional

$5,000 in assessment income. This,

along with $4,250 in interest income

and $32,000 from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. Funds in the

Committee’s authorized reserve as of

September 15, 1995, amounted to over

$173,000 and were within the maximum

permitted by the order of three fiscal

periods’ expenses. However, at its

September 21, 1995, meeting the

Committee voted to refund $100,000 of

this amount pro rata to handlers who

paid assessments during the 1992–93,

1993–94, and 1994–95 fiscal periods. To

determine each handler’s proportionate

share, the Committee plans to total the

excess funds for each of these fiscal

periods, divide this excess by the total

assessments levied on all handlers

during this period, and apply the

resulting percentage to the assessments

paid by each individual handler during

the three-year period. Funds remaining

in the reserve will be adequate for

administrative operating expenses, if

needed.

An interim final rule was published

in the Federal Register on September

19, 1995 (60 FR 48361). That interim

final rule added § 955.208 to authorize

expenses and establish an assessment

rate for the Committee. That rule

provided that interested persons could

file comments through October 19,

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 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

matter presented, including the

information and recommendations

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.

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

period began on September 16, 1995.

The marketing order requires that the

rate of assessment for the fiscal period

apply to all assessable onions handled

during the fiscal period. In addition,

handlers are aware of this action which

was unanimously recommended by the

Committee at a public meeting and

published in the Federal Register as an

interim final rule.

List of Subjects in 7 CFR Part 955

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 955 is amended as

follows:

PART 955—VIDALIA ONIONS GROWN

IN GEORGIA

Accordingly, the interim final rule

amending 7 CFR part 955 which was

published at 60 FR 48361 on September

19, 1995, is adopted as a final rule

without change.

Dated: December 6, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–30234 Filed 12–11–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 959

[Docket No. FV95–959–2IFR; Amendment 1]

Onions Grown in South Texas;

Increased Expenses and

Establishment of Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Amended interim final rule

with request for comments.

SUMMARY: This interim final rule

amends a previous interim final rule

which authorized administrative

expenses for the South Texas Onion

Committee (Committee) under M.O. No.

959. This interim final rule increases the

level of authorized expenses and

establishes an assessment rate to

generate funds to pay those expenses.

Authorization of this increased budget

enables the Committee to incur

additional expenses that are reasonable

and necessary to administer the

program. Funds to administer this

program are derived from assessments

on handlers.

DATES: Effective August 1, 1995, through

July 31, 1996. Comments received by

January 11, 1996 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 202–720–

9918, or Belinda G. Garza, McAllen

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, 1313

East Hackberry, McAllen, TX 78501,

telephone 210–682–2833.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 143 and Order No. 959, both as

amended (7 CFR part 959), regulating

the handling of onions grown in South

Texas, 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 of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This amended interim final rule has

been reviewed under Executive Order

12778, Civil Justice Reform. Under the

marketing order provisions now in

effect, South Texas onions are subject to

assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable onions

handled during the 1995–96 fiscal

period, which began August 1, 1995,

and ends July 31, 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
Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Rules and Regulations 63611

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 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 89 producers

of South Texas onions under this

marketing order, and approximately 35

handlers. Since the interim final rule

was issued, information regarding an

increase in the number of producers

from approximately 70 to 89 was

received. 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 South

Texas onion producers and handlers

may be classified as small entities.

The budget of expenses for the 1995–

96 fiscal period was prepared by the

South Texas Onion Committee, the

agency responsible for local

administration of the marketing order,

and submitted to the Department of

Agriculture for approval. The members

of the Committee are producers and

handlers of South Texas onions. 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 South Texas 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.

Committee administrative expenses of

$239,250 for personnel, office, and

compliance expenses were

recommended in a mail vote. The

assessment rate and funding for the

research and promotion projects were to

be recommended at a later Committee

meeting. The Committee administrative

expenses of $239,250 were published in

the Federal Register as an interim final

rule August 17, 1995 (60 FR 42774).

That interim final rule added § 959.236,

authorizing expenses for the Committee,

and provided that interested persons

could file comments through September

18, 1995. No comments were filed.

The Committee subsequently met on

November 14, 1995, and unanimously

recommended an increase of $1,000 for

insurance in the recently approved

1995–96 budget. The Committee also

unanimously recommended $246,000

for promotion and $99,000 for onion

breeding research. Budget items for

1995–96 which have increased

compared to those budgeted for 1994–95

(in parentheses) are: Manager’s salary,

$19,094 ($15,172), office salaries,

$24,000 ($22,000), payroll taxes, $4,000

($3,100), insurance, $8,000 ($6,250),

rent and utilities, $6,500 ($5,000),

supplies, $2,000 ($1,500), postage,

$1,500 ($1,000), telephone and

telegraph, $4,000 ($2,500), furniture and

fixtures, $2,000 ($1,000), equipment

rental and maintenance, $3,500

($2,500), contingencies, $6,706 ($3,978),

manager travel, $5,000 ($3,000),

Canadian onion promotion, $5,000

($4,450), $226,000 for the Thacker

Group for promotion ($200,000), onion

breeding research, $99,000 ($88,028),

and $3,750 for deferred compensation

(manager’s retirement), and $5,000 for

miscellaneous promotion expenses,

which were not line item expenses last

year. All other items are budgeted at last

year’s amounts.

The initial 1995–96 budget, published

on August 17, 1995, did not establish an

assessment rate. Therefore, by a vote of

11 to 1, the Committee also

recommended an assessment rate of

$0.10 per 50-pound container or

equivalent of onions, $0.06 more than

last year’s assessment rate. The no vote

came from a grower who thought

increasing the assessment rate from

$0.04 to $0.10 cents was too great an

increase. This rate, when applied to

anticipated shipments of approximately

6,000,000 million 50-pound containers

or equivalents, will yield $600,000 in

assessment income, which, will be

adequate to cover budgeted expenses.

Funds in the reserve as of October 31,

1995, were $408,314, which is within

the maximum permitted by the order of

two fiscal periods’ expenses.

While this action will impose some

additional costs on handlers, the costs

are in the form of uniform assessments

on 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.

After consideration of all relevant

matter presented, including the

information and recommendations

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 and 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 fiscal period began on

August 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 recommended by the

Committee at a public meeting and is

similar to that taken for the 1994–95

fiscal period; 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 959

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 959 is amended as

follows:
63612 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Rules and Regulations

PART 959—ONIONS GROWN IN

SOUTH TEXAS

1. The authority citation for 7 CFR

part 959 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 959.236 is revised to read

as follows:

Note: This section will not appear in the

Code of Federal Regulations.

§ 959.236 Expenses and assessment rate.

Expenses of $585,250 by the South

Texas Onion Committee are authorized

and an assessment rate of $0.10 per 50-

pound container or equivalent of onions

is established for the fiscal period

ending July 31, 1996. Unexpended

funds may be carried over as a reserve.

Dated: December 6, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–30232 Filed 12–11–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1004

[Docket No. AO–160–A71; DA–93–30]

Milk in the Middle Atlantic Marketing

Area; Correction

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document removes the

suspension action (DA–95–24) issued

on August 17, 1995, and published in

the Federal Register on August 24, 1995

(60 FR 43953) in effect under the

Middle Atlantic order through February

1996. The suspension is no longer

needed because an amended order for

that market became effective on

December 1, 1995 (60 FR 55309).

EFFECTIVE DATE: December 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Gino M. Tosi, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456 (202) 690–1366.

SUPPLEMENTARY INFORMATION:

Background

This correction ensures that a

suspension scheduled to continue

through February 1996 will be removed.

The suspension was issued August 17,

1995, and published in the August 24,

1995, Federal Register (60 FR 43953).

The provisions affected by the

suspension (sections 1004.7 and

1004.12) have been amended, making

the suspension unnecessary.

This document removes the

suspension action (60 FR 43953) and

ensures that the Code of Federal

Regulations will reflect only the

amended language (and not the

suspended language in the two

aforementioned sections of the Middle

Atlantic order).

Therefore, under the authority of 7

U.S.C. 601–674, the suspension of

provisions of 7 CFR part 1004,

published in the Federal Register on

August 24, 1995 (60 FR 43953), is lifted

effective December 12, 1995.

Dated: December 6, 1995.

Shirley R. Watkins,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–30231 Filed 12–11–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1099

[DA–95–27]

Milk in the Paducah, KY, Marketing

Area; Termination of Certain

Provisions of the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document terminates the

remaining administrative provisions of

the Paducah, Kentucky, Federal milk

marketing order (Order 99), effective

upon publication in the Federal

Register. All of the monthly operating

provisions were terminated as of

November 1, 1995, since the terms and

provisions of the order no longer

effectuated the declared policy of the

Act.

EFFECTIVE DATE: December 22, 1995.

FOR FURTHER INFORMATION CONTACT:

Nicholas Memoli, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456 (202) 690–1932.

SUPPLEMENTARY INFORMATION: Prior

documents in this proceeding:

Termination Order: Issued October 23,

1995; published October 31, 1995 (60

FR 55179).

The Regulatory Flexibility Act (5

U.S.C. 601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Pursuant to 5 U.S.C.

605(b), the Administrator of the

Agricultural Marketing Service has

certified that this rule will not have a

significant economic impact on a

substantial number of small entities.

This rule terminates the remaining

administrative provisions of the

Paducah, Kentucky, order.

The Department is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. This rule

will not preempt any state or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

the rule.

The Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), 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 provisions of the

order, or any obligation imposed in

connection with the order is not in

accordance with law and request a

modification of an order or to be

exempted from the order. A handler is

afforded the opportunity for a hearing

on the petition. After a 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 its 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.

A comment period was not provided

since there were no interested parties

affected by the termination order.

It is hereby found and determined

that § 1099.1 of the Paducah, Kentucky,

order does not effectuate the declared

policy of the Act.

Statement of Consideration

This rule terminates the remaining

administrative provisions of the

Paducah, Kentucky, Federal milk order.

There currently are no handlers

regulated under the Paducah, Kentucky,

order. Turner Dairies, the one handler

that was regulated under Order 99,

became regulated under the Southeast

order on September 1, 1995, because of

its greater sales into that marketing area.

Producers who ship their milk to

Turner’s Fulton, Kentucky, plant now

have their milk pooled under the

adjacent Southeast Federal milk order.

Since there were no plants regulated

under the Paducah, Kentucky, order, all

of the monthly operating provisions

were terminated as of November 1,

1995. However, the termination order

left intact certain administrative

provisions that were embodied, by

reference, in § 1099.1 of the order.