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
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16769

than $5,000,000. The majority of

producers and handlers of filberts/

hazelnuts may be classified as small

entities.

The Board’s recommendation and this

final rule are based on requirements

specified in the order. The interim final

rule was issued on January 24, 1995,

and published in the Federal Register

(60 FR 5561, January 30, 1995), with an

effective date of January 30, 1995. That

rule established the amount of inshell

filberts/hazelnuts that may be marketed

in domestic markets. The domestic

outlets for this commodity are

characterized by limited demand, and

the finalization of interim and final free

and restricted percentages will continue

to benefit the industry by promoting

stronger marketing conditions and

stabilizing prices and supplies, thus

improving grower returns. That rule

provided a 30-day comment period

which ended March 1, 1995. No

comments were received.

The Board is required to meet prior to

September 20 of each marketing year to

compute an inshell trade demand and

preliminary free and restricted

percentages, if the use of volume

regulation is recommended during the

season. The order prescribes formulas

for computing the inshell trade demand,

as well as preliminary, interim final,

and final percentages. The inshell trade

demand establishes the amount of

inshell filberts/hazelnuts the handlers

may ship to the domestic market

throughout the season, and the

percentages release the volume of

filberts/hazelnuts necessary to meet the

inshell trade demand. The preliminary

percentages provide for the release of 80

percent of the inshell trade demand.

The interim final percentages release

100 percent of the inshell trade demand.

The inshell trade demand equals the

average of the preceding three ‘‘normal’’

years’ trade acquisitions of inshell

filberts/hazelnuts, rounded to the

nearest whole number. The Board may

increase such figure by no more than 25

percent, if market conditions warrant

such an increase. The final free and

restricted percentages release an

additional 15 percent of the average of

the preceding three years’ trade

acquisitions of inshell filberts/hazelnuts

for desirable carryout.

The preliminary free and restricted

percentages make available portions of

the filbert/hazelnut crop which may be

marketed in domestic inshell markets

(free) and exported, shelled, or

otherwise disposed of (restricted) early

in the 1994–95 season. The preliminary

free percentage is expressed as a

percentage of the total supply subject to

regulation and is based on preliminary

crop estimates. The majority of domestic

inshell filberts/hazelnuts are marketed

in October, November, and December.

By November, the marketing season is

well under way.

At its August 25, 1994, meeting, the

Board computed and announced

preliminary free and restricted

percentages of 16 percent and 84

percent, respectively, to release 80

percent of the inshell trade demand.

The purpose of releasing only 80

percent of the inshell trade demand

under the preliminary percentage was to

guard against underestimates of crop

size. The preliminary free percentage

released 3,020 tons of filberts/hazelnuts

from the 1994 crop for domestic inshell

use. The preliminary restricted

percentage is 100 percent minus the free

percentage.

On or before November 15, the Board

must meet again to recommend interim

final and final percentages. The Board

uses current crop estimates to calculate

the interim final and final percentages.

The interim final percentages are

calculated in the same way as the

preliminary percentages and release 100

percent of the inshell trade demand

previously computed by the Board for

the marketing year. Final free and

restricted percentages release an

additional 15 percent of the average of

the preceding three years’ trade

acquisitions to provide an adequate

carryover into the following season. The

final free and restricted percentages

must be effective at least 30 days prior

to the end of the marketing year (July 1

through June 30), or earlier, if

recommended by the Board and

approved by the Secretary. In addition,

revisions in the marketing policy can be

made until February 15 of each

marketing year. However, the inshell

trade demand can only be revised

upward.

In accordance with order provisions,

the Board met on November 8, 1994,

reviewed and approved an amended

marketing policy and recommended the

establishment of interim final and final

free and restricted percentages. Interim

final percentages were recommended at

19 percent free and 81 percent

restricted, and final free and restricted

percentages were recommended at 23

percent and 77 percent, respectively.

The interim final percentages made an

additional 208 tons of inshell filberts/

hazelnuts available for the domestic

inshell market. The interim final

marketing percentages are based on the

industry’s final production estimates

and released 3,775 tons to the domestic

inshell market from the 1994 supply

subject to regulation. The final

marketing percentages released an

additional 626 tons from the 1994 crop

for domestic use. Thus, a total of 4,401

tons of inshell filberts/hazelnuts was

available from the 1994 supply subject

to regulation for domestic use when the

final percentages were established. The

Oregon Agricultural Statistics Service

(OASS) provided an early estimate of

19,000 tons total filbert/hazelnut

production for the Oregon and

Washington area. The Board

unanimously voted to accept the OASS

estimate of 19,000 tons.

The Board determined that the inshell

domestic market conditions would

allow more supply without depressing

the market and recommended

immediate release of the additional 15

percent (the final percentages). The

Board believed that the immediate

release of filberts/hazelnuts by the final

percentages would benefit the industry

with increased returns to growers and

more inshell filberts/hazelnuts available

for consumers.

The marketing order also requires

that, procedurally, the Board

recommend interim final and final

percentages. Therefore, the interim final

percentages were recommended even

though they will not be utilized this

marketing season.

The marketing percentages are based

on the Board’s production estimates and

the following supply and demand

information for the 1994–95 marketing

year:

Tons

Inshell Supply:

(1) Total production (OASS estimate) .............................................................................................................................................. 19,000

(2) Less substandard, farm use (disappearance) ............................................................................................................................ 1,083

(3) Merchantable production (the Board’s adjusted crop estimate) ................................................................................................. 17,917

(4) Plus undeclared carryin as of July 1, 1994, subject to regulation ............................................................................................. 1,527

(5) Supply subject to regulation (Item 3 plus Item 4) ...................................................................................................................... 19,444

Inshell Trade Demand:

(6) Average trade acquisitions of inshell filberts/hazelnuts for three prior years ............................................................................ 4,170
16770 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

Tons

(7) Increase to encourage increased sales (5 percent of Item 6) ................................................................................................... 208

(8) Less declared carryin as of July 1, 1994, not subject to regulation .......................................................................................... 603

(9) Adjusted Inshell Trade Demand ................................................................................................................................................. 3,775

(10) 15 percent of the average trade acquisitions of inshell filberts/hazelnuts for three prior years (Item 6) ................................ 626

(11) Adjusted Inshell Trade Demand plus 15 percent for carryout (Item 9 plus Item 10) .............................................................. 4,401

Free Restricted

Percentages:

(12) Interim final percentages (Item 9 divided by Item 5) ×100 ............................................................................... 19 81

(13) Final percentages (Item 11 divided by Item 5) ×100 ........................................................................................ 23 77

In addition to complying with the

provisions of the marketing order, the

Board also considered the Department’s

1982 ‘‘Guidelines for Fruit, Vegetable,

and Specialty Crop Marketing Orders’’

(Guidelines) when making its

computations in the marketing policy.

The volume control regulation provides

a method to collectively limit the

supply of inshell filberts/hazelnuts

available for sale in domestic markets.

The Guidelines provide that the

domestic inshell market have available

a quantity equal to 110 percent of prior

years’ shipments in those outlets before

secondary market allocations are

approved. This provides for plentiful

supplies for consumers and for market

expansion while retaining the

mechanism for dealing with oversupply

situations. At its August 25, 1994,

meeting, the Board recommended that

an increase of 5 percent (208 tons) for

market expansion be included in the

inshell trade demand. The established

final percentages, which release 100

percent of the inshell trade demand,

will make available 4,401 tons from the

1994 crop plus 603 tons of declared

carryin which is 120 percent of prior

years’ sales, thus exceeding the goal of

the Guidelines.

Based on these considerations, 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

material presented, the information and

recommendations submitted by the

Committee, and other information, it is

found that finalizing the interim final

rule, without change, as published in

the Federal Register (60 FR 5561,

January 30, 1995), will tend to effectuate

the declared policy of the Act.

List of Subjects in 7 CFR Part 982

Filberts, Hazelnuts, Marketing

agreements, Nuts, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR part 982 is amended as

follows:

PART 982—FILBERTS/HAZELNUTS

GROWN IN OREGON AND

WASHINGTON

Accordingly, the interim final rule

amending 7 CFR part 982, which was

published at 60 FR 5561 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. 95–8100 Filed 3–31–95; 8:45 am]

BILLING CODE 3410–02–W

7 CFR Part 985

[Docket No. FV95–985–1IFR]

Spearmint Oil Produced in the Far

West; Expenses and Assessment Rate

for the 1995–96 Fiscal Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim Final Rule with Request

for comments.

SUMMARY: This interim final rule

authorizes expenses and establishes an

assessment rate for the Spearmint Oil

Administrative Committee (Committee)

under Marketing Order No. 985 for the

1995–96 fiscal year. Authorization of

this budget enables the Committee to

incur expenses that are reasonable and

necessary to administer this program.

Funds to administer this program are

derived from assessments on handlers.

DATES: Effective beginning June 1, 1995,

through May 31, 1996. Comments

received by May 3, 1995 will be

considered prior to issuance of a final

rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this interim final 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, D.C. 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:

Caroline C. Thorpe, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

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

5127; or Robert Curry, Northwest

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, 1220

SW. Third Avenue, room 369, Portland,

Oregon 97204, telephone: (503) 326–

2724.

SUPPLEMENTARY INFORMATION: This

interim final rule is issued under

Marketing Agreement and Order No.

985 (7 CFR Part 985), regulating the

handling of spearmint oil produced in

the Far West. 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 interim final rule has been

reviewed under Executive Order 12778,

Civil Justice Reform. Under the

marketing order provisions now in

effect, spearmint oil produced in the Far

West is subject to assessments. It is

intended that the assessment rate

specified herein will be applicable to all

assessable oil produced during the

1995–96 fiscal year, beginning June 1,

1995, through May 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

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