Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16767

PART 925—GRAPES GROWN IN A

DESIGNATED AREA OF

SOUTHEASTERN CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 925 which was

published at 60 FR 3725 on January 19,

1995, is adopted as a final rule without

change.

Dated: March 28, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–8097 Filed 3–31–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 979

[Docket No. FV94–979–1FIR]

South Texas Melons; Increased

Expenses and Establishment of

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 amended interim final

rule that increased the level of

authorized expenses and established an

assessment rate that generated funds to

pay those expenses. Authorization of

this budget enables the South Texas

Melon 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: October 1, 1994,

through September 30, 1995.

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. 156 and Order No. 979 (7 CFR part

979), regulating the handling of melons

grown in South Texas. 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 marketing order

provisions now in effect, South Texas

melons are subject to assessments. It is

intended that the assessment rate as

issued herein will be applicable to all

assessable melons handled during the

1994–95 fiscal period, which began

October 1, 1994, and ends September

30, 1995. 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 requesting a modification of the

order or to be exempted therefrom. A

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 40 producers

of South Texas melons under this

marketing order, and approximately 19

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 South

Texas melon producers and handlers

may be classified as small entities.

The budget of expenses for the 1994–

95 fiscal period was prepared by the

South Texas Melon 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 South Texas melons. 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 melons.

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

$207,500 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 $207,500 were published in

the Federal Register as an interim final

rule November 15, 1994 (59 FR 58760).

That interim final rule added § 979.217,

authorizing expenses for the Committee,

and provided that interested persons

could file comments through December

15, 1994. No comments were filed.

The Committee subsequently met on

December 13, 1994, and unanimously

recommended an increase of $9,700 for

administrative expenses, plus $158,426

in research expenses, for a total budget

of $375,626. Budget items for 1994–95

which have increased compared to

those budgeted for 1993–94 (in

parentheses) are: Office salaries, $22,000

($15,600), insurance, $6,250 ($5,250),

accounting and audit $2,600 ($2,300),

rent and utilities, $6,000 ($4,000),

disease management programs, $86,716

($82,000), melon breeding and cultivar

development, $43,824 ($23,118), and

variety evaluation, $9,186 ($8,460).

Items which have decreased compared

to the amount budgeted for 1993–94 (in

parentheses) are: Insect management

programs, $18,700 ($34,390), and $3,823

for cultural practices for which no

funding was recommended this year.

All other items are budgeted at last

year’s amounts.

The initial 1994–95 budget, published

on November 15, 1994, did not establish

an assessment rate. Therefore, the

Committee also unanimously

recommended an assessment rate of
16768 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

$0.07 per carton. This rate, when

applied to anticipated shipments of

approximately 45,000 cartons, will yield

$315,000 in assessment income, which,

along with $60,626 from the reserve,

will be adequate to cover budgeted

expenses. Funds in the reserve as of

January 31, 1995, were $367,369, which

is within the maximum permitted by the

order of two fiscal periods’ expenses.

An amended interim final rule was

published in the Federal Register on

January 30, 1995 (60 FR 5560). That

interim final rule amended § 979.217 to

increase the level of authorized

expenses and establish an assessment

rate for the Committee. That rule

provided that interested persons could

file comments through March 1, 1995.

No comments were received.

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.

It is further found that good cause

exists for not postponing the effective

date of this rule 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 1994–95 fiscal

period began on October 1, 1994. The

marketing order requires that the rate of

assessment for the fiscal period apply to

all assessable melons handled during

the fiscal period. In addition, handlers

are aware of this rule which was

recommended by the Committee at a

public meeting and published in the

Federal Register as an amended interim

final rule.

List of Subjects in 7 CFR Part 979

Marketing agreements, Melons,

Reporting and recordkeeping

requirements.

PART 979—MELONS GROWN IN

SOUTH TEXAS

Accordingly, the interim final rule

revising § 979.217 which was published

at 60 FR 5560 on January 30, 1995, is

adopted as a final rule without change.

Dated: March 28, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–8098 Filed 3–31–95; 8:45 am]

BILLING CODE 3410–02–W–P

7 CFR Part 982

[Docket No. FV94–982–3FIR]

Filberts/Hazelnuts Grown in Oregon

and Washington; Establishment of

Interim and Final Free and Restricted

Percentages for the 1994–95 Marketing

Year

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

which established interim and final free

and restricted percentages for domestic

inshell filberts/hazelnuts for the 1994–

95 marketing year under the Federal

marketing order for filberts/hazelnuts

grown in Oregon and Washington. The

percentages allocate the amounts of

domestically produced filberts/

hazelnuts which may be marketed in

domestic, export, and other outlets. The

percentages are intended to stabilize the

supply of domestic inshell filberts/

hazelnuts in order to meet the limited

domestic demand for such filberts/

hazelnuts and provide reasonable

returns to producers. This rule was

recommended by the Filbert/Hazelnut

Marketing Board (Board), which is the

agency responsible for local

administration of the order.

EFFECTIVE DATE: May 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Marketing

Specialist, Northwest Marketing Field

Office, Fruit and Vegetable Division,

Agricultural Marketing Service, USDA,

1220 SW Third Ave., room 369,

Portland, OR 97204; telephone (503)

326–2725 or Mark A. Slupek, Marketing

Specialist, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2536–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 205–

2830.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement and Order No. 982 (7 CFR

part 982), both as amended, regulating

the handling of filberts/hazelnuts grown

in Oregon and Washington, hereinafter

referred to as the ‘‘order.’’ This 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 is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is intended that this action

apply to all merchantable filberts/

hazelnuts handled during the 1994–95

marketing year. 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. A

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

action 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 1,000

producers of filberts/hazelnuts in the

production area and approximately 25

handlers subject to regulation under the

marketing order. 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