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

17433

Vol. 60, No. 66

Thursday, April 6, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 946

[Docket No. FV95–946–1IFR]

Irish Potatoes Grown in Washington;

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. 946 for the 1995–96 fiscal

period. 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.

DATES: Effective July 1, 1995, through

June 30, 1996. Comments received by

May 8, 1995, will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this 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. 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 interim final 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 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 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 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 the

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 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).
17434 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

The Committee also recommended

workman’s compensation tax expenses

of $400 for which no funding was

recommended 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

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 January 31,

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

maximum permitted by the order of two

fiscal periods’ expenses.

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.

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 because: (1) The

Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

fiscal period begins on July 1, 1995, and

the marketing order requires that the

rate of assessment for the fiscal period

apply to all assessable potatoes handled

during the fiscal period; (3) handlers are

aware of this rule which was

unanimously recommended by the

Committee at a public meeting and is

similar to other budget rules issued in

past years; 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

rule.

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

1. The authority citation for 7 CFR

part 946 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 946.247 is added to read

as follows:

Note: This section will not appear in the

Code of Federal Regulations.

§ 946.247 Expenses and assessment rate.

Expenses of $42,300 by the State of

Washington Potato Committee are

authorized, and an assessment rate of

$0.003 per hundredweight of assessable

potatoes is established for the fiscal

period ending June 30, 1996.

Unexpended funds may be carried over

as a reserve.

Dated: March 31, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–8425 Filed 4–5–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 985

[FV95–985–2IFR]

Spearmint Oil Produced in the Far

West; Revision of the Salable Quantity

and Allotment Percentage for Class 3

(Native) Spearmint Oil for the 1994–95

Marketing Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

increases the quantity of Class 3 (Native)

spearmint oil produced in the Far West

that handlers may purchase from, or

handle for, producers during the 1994–

95 marketing year. This rule was

recommended by the Spearmint Oil

Administrative Committee (Committee),

the agency responsible for local

administration of the marketing order

for spearmint oil produced in the Far

West. The Committee recommended

this rule to avoid extreme fluctuations

in supplies and prices and thus help to

maintain stability in the Far West

spearmint oil market.

EFFECTIVE DATE: April 6, 1995;

comments received by May 8, 1995 will

be considered prior to issuance of a final

rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525, South Building, P.O.

Box 96456, Washington, D.C. 20090–

6456; Fax: (202) 720–5698. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW. Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724; or Caroline C. Thorpe,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, room 2525, South

Building, P.O. Box 96456, Washington,

D.C. 20090–6456; telephone: (202) 720–

8139.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order No.

985 (7 CFR Part 985), regulating the

handling of spearmint oil produced in

the Far West (Washington, Idaho,

Oregon, and designated parts of

California, Nevada, Montana, and Utah),

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 of Agriculture

(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, salable

quantities and allotment percentages

may be established for classes of

spearmint oil produced in the Far West.

This rule increases the quantity of Class

3 spearmint oil produced in the Far

West that may be purchased from or

handled for producers by handlers

during the 1994–95 marketing year,

which ends on May 31, 1995. This rule

will not preempt any state or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.