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

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17983

Vol. 60, No. 68

Monday, April 10, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV94–927–1FR; Amendment]

Increase in Expenses for the 1994–95

Fiscal Year; Winter Pears Grown in

Oregon, Washington, and California

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; amendment.

SUMMARY: The Department of

Agriculture (Department) is amending

the final rule that authorized expenses

and established an assessement rate for

the Winter Pear Control Committee

(Committee) under Marketing Order No.

927 for the 1994–95 fiscal year. This

final rule authorizes an increased level

of expenses for the 1994–95 fiscal year.

Authorization of this budget enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. Funds to administer the

program are derived from assessments

on handlers.

EFFECTIVE DATE: July 1, 1994, through

June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Britthany E. Beadle, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456, telephone:(202) 720–

5127; or Teresa L. Hutchinson,

Northwest Marketing Field Office, Fruit

and Vegetable Division, AMS, GreenWyatt Federal Building, room 369,

Portland, Oregon, telephone: (503) 326–

2724.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement and Order No. 927 (7 CFR

part 927) regulating the handling of

winter pears grown in Oregon,

Washington, and California. The

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 final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. Under the marketing

order provisions now in effect, winter

pears grown in Oregon, Washington,

and California are subject to

assessments. It is intended that the

assessment rate will be applicable to all

assessable pears handled during the

1994–95 fiscal year, which began July 1,

1994, and ends June 30, 1995. 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 requesting 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 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 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 90 handlers

of winter pears regulated under the

marketing order each season and

approximately 1,850 winter pear

producers in Oregon, Washington, and

California. 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 these

handlers and producers may be

classified as small entities.

The Oregon, Washington, and

California winter pear marketing order,

administered by the Department,

requires that the assessment rate for a

particular fiscal year apply to all

assessable winter pears 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 Oregon, Washington, and California

winter pears. 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 public

meetings. 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 pears. Because this 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 June 3, 1994,

and unanimously recommended total

expenses of $6,835,926 for the 1994–95

fiscal year. In comparison, the 1993–94

fiscal year expense amount was

$6,933,615, which is $97,689 more than

the amount recommended for the 1994–

95 fiscal year.

The Committee also unanimously

recommended an assessment rate of

$0.43 per standard box, or equivalent for

winter pears. The Committee did not

recommend a supplemental assessment

rate for Anjou variety pears this fiscal

year. In comparison, the 1993–94 winter
17984 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

pear assessment rate was $0.45 per

standard box, or equivalent and $0.04

for the supplemental assessment rate on

Anjou variety pears. This represents a

$0.02 decrease in the assessment rate

recommended for this fiscal year.

This rate, when applied to anticipated

winter pear shipments of 13,817,000

boxes or equivalent, will yield a total of

$5,941,310 in assessment income.

Assessment income, along with

$401,324 from other income sources,

and $493,292 from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. The $493,292

withdrawal of funds from the

Committee’s authorized reserve will

result in no reserve remaining at the end

of the 1994–95 fiscal period.

Major expense categories for the

1994–95 fiscal year include $5,572,500

for advertising, $276,340 for SOPP data

research, $276,340 for winter pear

improvement, $142,310 for salaries and

benefits, and $612,442 for unshared

contingency.

The expenses and assessment rate

were authorized in the finalization of

the interim final rule issued on

November 1, 1994, and published in the

Federal Register [59 FR 55333,

November 7, 1994]. The interim final

rule provided a 30-day comment period

for interested persons. No comments

were received.

The Committee conducted a mail vote

during January 1995, and unanimously

recommended to increase 1994–95

expenses from $6,835,926 to $7,460,160,

an increase of $624,234 from the

previously authorized amount. The

increase is necessary because the winter

pear crop, which was previously

estimated at 13,817,000 boxes or

equivalent, is now estimated at

15,500,000 boxes.

This under-estimation of over one

million boxes, caused the Committee to

calculate less assessment income. The

Committee is increasing funds for

promotion and advertisement for what

has become the largest crop of winter

pears in the industry’s history.

With the approved assessment rate of

$0.43, when applied to winter pear

shipments of 15,500,000 boxes or

equivalent, will yield a total of

$6,665,000 in assessment income.

Assessment income, along with

$368,086 from other income sources,

and $427,074 from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses.

Major expense categories for the

1994–95 fiscal year are to be revised as

follows; $5,812,500 for advertising,

$538,322 for unshared contingency,

$310,000 for SOPP data research, and

$310,000 for winter pear improvement

($5,572,500, $612,442, $276,340, and

$276,340, respectively, are the amounts

from the previously approved budget).

This action will not impose additional

costs on handlers. 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 or to engage in

further public procedure 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 fiscal year for the

Committee began July 1, 1994, and the

Committee needs to have approval to

pay its expenses which are incurred on

a continuous basis; (2) handlers are

aware of this action which was

unanimously recommended by the

Committee by mail vote; and (3) no

increase in the assessment rate is being

recommended so no additional funds

will need to be collected from handlers.

List of Subjects in 7 CFR Part 927

Marketing agreements and orders,

Pears, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 927 is amended as

follows:

PART 927—WINTER PEARS GROWN

IN OREGON, WASHINGTON, AND

CALIFORNIA

1. The authority citation for 7 CFR

part 927 continues to read as follows:

Authority: 7 U.S.C. 601–674.

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 927.234 [Amended]

2. § 927.234 is amended by removing

‘‘$6,835,926’’ and adding in its place

‘‘$7,460,160’’.

Dated: March 31, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–8424 Filed 4–7–95; 8:45 am]

BILLING CODE 3410–02–P

Commodity Credit Corporation

7 CFR Parts 1413 and 1427

RIN 0560–AD42

1995 Extra Long Staple Cotton

Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: On November 7, 1994, the

Commodity Credit Corporation (CCC)

issued a proposed rule (58 FR 55378)

with respect to the 1995 Production

Adjustment Program for Extra Long

Staple (ELS) Cotton, which is conducted

by the CCC in accordance with the

Agricultural Act of 1949, as amended

(1949 Act). The 1995 ELS Cotton

Acreage Reduction Program (ARP)

percentage has been determined to be 10

percent. This final rule amends the

regulations to set forth the ARP

percentage, the established (target)

price, and the price support rate. No

paid land diversion (PLD) program will

be implemented for the 1995 crop of

ELS cotton.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathryn A. Broussard, Consolidated

Farm Service Agency, United States

Department of Agriculture, room 3758–

S, P.O. Box 2415, Washington, DC

20013–2415 or call 202–720–9222.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant and was reviewed by the

Office of Management and Budget

(OMB) under Executive Order 12866.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule since the

CCC is not required by 5 U.S.C. 553 or

any other provision of law to publish a

notice of final rulemaking with respect

to the subject matter of these

determinations.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will not have a significant impact

on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.