Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20119

conducting a lottery or pool, in a game

for money or property, or in selling or

purchasing a numbers slip or ticket.

However, this section does not preclude

activities:

(a) Necessitated by an employee’s law

enforcement duties; or

(b) Under section 7 of Executive Order

12353 (47 FR 12785, 3 CFR, 1982

Comp., p. 139) and similar TVAapproved activities.

§ 1300.103 General conduct prejudicial to

TVA.

An employee shall not engage in

criminal, infamous, dishonest, immoral,

or notoriously disgraceful conduct, or

other conduct prejudicial to TVA.

§ 1300.104 Sexual harassment.

It is TVA policy that all TVA

employees are responsible for assuring

that the workplace is free from sexual

harassment. Accordingly, all employees

must avoid any action or conduct which

could be viewed as sexual harassment

including:

(a) Unwelcome sexual advances;

(b) Requests for sexual favors; and

(c) Other verbal or physical conduct

of a sexual nature when:

(1) Submission to such conduct is

made either explicitly or implicitly a

term or condition of an individual’s

employment;

(2) Submission to or rejection of such

conduct by an individual is used as the

basis for employment decisions

affecting such individual; or

(3) Such conduct has the purpose or

effect of unreasonably interfering with

an individual’s work performance or

creating an intimidating, hostile, or

offensive working environment.

§ 1300.105 National origin harassment.

It is TVA policy that all TVA

employees are responsible for assuring

that the workplace is free from national

origin harassment. Accordingly, all

employees must avoid any action or

conduct which could be viewed as

national origin harassment, including

ethnic slurs and other verbal or physical

conduct relating to an individual’s

national origin when such conduct:

(a) Has the purpose or effect of

creating an intimidating, hostile, or

offensive working environment;

(b) Has the purpose or effect of

unreasonably interfering with an

individual’s work performance; or

(c) Otherwise adversely affects an

individual’s employment opportunities.

§ 1300.106 Harassment on the basis of

race, color, religion, age, or disability.

It is TVA policy that all TVA

employees are responsible for assuring

that the workplace is free from

harassment on the basis of race, color,

religion, age, or disability. Accordingly,

all employees must avoid any action or

conduct which could be viewed as

harassment on these bases, including

any verbal or physical conduct relating

to an individual’s race, color, religion,

age, or disability when such conduct:

(a) Has the purpose or effect of

creating an intimidating, hostile, or

offensive working environment;

(b) Has the purpose or effect of

unreasonably interfering with an

individual’s work performance; or

(c) Otherwise adversely affects an

individual’s employment opportunities.

§ 1300.107 Financial interest exemptions.

In accordance with the provisions of

18 U.S.C. 208(b)(2), TVA has exempted

the following financial interests of its

employees from the requirements of 18

U.S.C. 208(a) upon the ground that such

interests are too remote or too

inconsequential to affect the integrity of

such employees’ services. When any of

the following exemptions applies only

to a limited range of official actions,

rather than all official acts, the range of

actions will be specified within the

language of the exemption.

(a) An investment in a business

enterprise in the form of ownership of

bonds, notes, and other evidences of

indebtness which are not convertible

into shares of preferred or common

stock and have no warrants attached

entitling the holder to purchase stock

provided that the estimated market

value of the interest does not exceed

$5,000;

(b) An investment in the form of

shares in the ownership of enterprises,

including preferred and common stocks

whether voting or nonvoting, or

warrants to purchase such shares, or

evidences of indebtedness convertible

into such shares provided that the

estimated market value of the interest

does not exceed $5,000 and does not

exceed 1 percent of the estimated

market value of all the outstanding

shares of the enterprise;

(c) Shares or investments in a welldiversified money market or mutual

fund;

(d) Vested interests in a pension fund

arising out of former employment and to

which no further contributions are being

made in the employee’s behalf,

provided that, if the pension plan is a

defined benefit plan, the assets of the

plan are diversified. For the purpose of

this provision, payments are not

considered to be made ‘‘in the

employee’s behalf’’ if they are made

solely to maintain adequate plan

funding rather than to provide specific

benefits for the employee; or

(e) The interest an employee has by

virtue of his or her personal or family

use of electric power or through his or

her interests in an organization using

electric power generated or distributed

by TVA, for purposes of his or her

official actions at TVA in the process of

developing or approving TVA power

rate schedules.

[FR Doc. 96–10940 Filed 5–3–96; 8:45 am]

BILLING CODE 8120–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 946

[Docket No. FV96–946–2IFR]

Irish Potatoes Grown in Washington;

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate for the

State of Washington Potato Committee

(Committee) under Marketing Order No.

946 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of Irish potatoes grown in

Washington. Authorization to assess

potato handlers enables the Committee

to incur expenses that are reasonable

and necessary to administer the

program.

DATES: Effective on July 1, 1996.

Comments received by June 5, 1996,

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, FAX 202–720–5698, or Dennis L.

West, Northwest Marketing Field Office,

Fruit and Vegetable Division, AMS,
20120 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

USDA, Green-Wyatt Federal Building,

room 369, 1220 Southwest Third

Avenue, Portland, OR 97204, telephone

503–326–2724, FAX 503–326–7440.

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, 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 rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. Under the marketing order now

in effect, Washington potato handlers

are subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable potatoes

beginning July 1, 1996, and continuing

until amended, suspended, or

terminated. 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. 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 to

review the Secretary’s ruling on the

petition, provided an action 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

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 450

producers of Washington potatoes in the

production area and approximately 40

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

than $5,000,000. The majority of

Washington potato producers and

handlers may be classified as small

entities.

The Washington potato marketing

order provides authority for the

Committee, with the approval of the

Department, to formulate an annual

budget of expenses and collect

assessments from handlers to administer

the program. The members of the

Committee are producers and handlers

of Washington potatoes. They are

familiar with the Committee’s needs and

with the costs for goods and services in

their local area and are thus in a

position to formulate an appropriate

budget and assessment rate. The

assessment rate is formulated and

discussed in a public meeting. Thus, all

directly affected persons have an

opportunity to participate and provide

input.

The Committee met on February 15,

1996, and unanimously recommended

1996–97 expenditures of $42,500 and an

assessment rate of $0.003 per

hundredweight of potatoes. In

comparison, last year’s budgeted

expenditures were $42,300. The

assessment rate of $0.003 is the same as

last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 year include

$17,400 for an agreement with the

Washington State Potato Commission to

provide miscellaneous services to the

Committee and $6,000 for compliance

audits, the same as the budgeted

amounts for these items in 1995–96.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Washington potatoes.

Potato shipments for the year are

estimated at 9,000,000 hundredweight

which should provide $27,000 in

assessment income. Income derived

from handler assessments, along with

funds from the Committee’s authorized

reserve, will be adequate to cover

budgeted expenses. Funds remaining in

the reserve at the end of the 1996–97

fiscal period should be about $74,500.

Funds in the reserve will be kept within

the maximum permitted by the order.

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

Agricultural Marketing Service has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities.

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate is

effective for an indefinite period, the

Committee will continue to meet prior

to or during each fiscal period to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary. The

Committee’s 1996–97 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

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

1996–97 fiscal period begins on July 1,

1996, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

potatoes handled during such fiscal

period; (3) handlers are aware of this
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20121

action which was unanimously

recommended by the Committee at a

public meeting and is similar to other

assessment rate actions 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 § 946.248 is added to read

as follows:

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 946.248 Assessment rate.

On and after July 1, 1996, an

assessment rate of $0.003 per

hundredweight is established for

Washington potatoes.

Dated: April 30, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11151 Filed 5–3–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 956

[Docket No. FV96–956–2IFR]

Sweet Onions Grown in the Walla

Walla Valley of Southeast Washington

and Northeast Oregon; Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate for the

Walla Walla Sweet Onion Committee

(Committee) under Marketing Order No.

956 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of Sweet Onions grown in the

Walla Walla Valley of Southeast

Washington and Northeast Oregon.

Authorization to assess onion handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

DATES: Effective on June 1, 1996.

Comments received by June 5, 1996,

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, FAX 202–720–5698, or Robert J.

Curry, Northwest Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, Green-Wyatt Federal

Building, room 369, 1220 Southwest

Third Avenue, Portland, OR 97204,

telephone 503–326–2724, FAX 503–

326–7440.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 956 (7 CFR part 956)

regulating the handling of Sweet Onions

grown in the Walla Walla Valley of

Southeast Washington and Northeast

Oregon, 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 rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. Under the marketing order now

in effect, Walla Walla Sweet Onion

handlers are subject to assessments.

Funds to administer the order are

derived from such assessments. It is

intended that the assessment rate as

issued herein will be applicable to all

assessable onions beginning June 1,

1996, and continuing until amended,

suspended, or terminated. 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. 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 to

review the Secretary’s ruling on the

petition, provided an action 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

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 50 producers

of Walla Walla Sweet Onions in the

production area and approximately 30

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

than $5,000,000. The majority of Walla

Walla Sweet Onion producers and

handlers may be classified as small

entities.

The Walla Walla Sweet Onion

marketing order provides authority for

the Committee, with the approval of the

Department, to formulate an annual

budget of expenses and collect

assessments from handlers to administer

the program. The members of the

Committee are producers and handlers

of Walla Walla Sweet Onions. They are

familiar with the Committee’s needs and

with the costs for goods and services in

their local area and are thus in a

position to formulate an appropriate

budget and assessment rate. The

assessment rate is formulated and

discussed in a public meeting. Thus, all

directly affected persons have an

opportunity to participate and provide

input.