20122 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

The Committee met on March 12,

1996, and unanimously recommended

1996–97 expenditures of $114,000 and

an assessment rate of $0.19 per 50-

pound bag or equivalent of onions. In

comparison, last year’s budgeted

expenditures were $72,000. The

assessment rate of $0.19 is $0.07 higher

than last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 year include

$34,000 for administrative expenses,

$62,000 for research and promotion, and

$9,000 for compliance. Budgeted

expenses for these items in 1995–96

were $28,000, $22,000, and $9,000,

respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Walla Walla Sweet

Onions. Onion shipments for the year

are estimated at 600,000 50-pound bags

which should provide $114,000 in

assessment income, which will be

adequate to cover budgeted expenses.

Funds in the reserve at the beginning of

the 1996–97 fiscal period are estimated

at $27,000. 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, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

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 June 1, 1996, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable onions handled during

such fiscal period; (3) handlers are

aware of this action which was

unanimously recommended by the

Committee at a public meeting and is

similar to the assessment rate action

issued last year; 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 956

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 956 is amended as

follows:

PART 956—SWEET ONIONS GROWN

IN THE WALLA WALLA VALLEY OF

SOUTHEAST WASHINGTON AND

NORTHEAST OREGON

1. The authority citation for 7 CFR

part 956 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 956.202 is added to read

as follows:

Note: This section will not appear in the

Annual Code of Federal Regulations.

§ 956.202 Assessment rate.

On and after June 1, 1996, an

assessment rate of $0.19 per 50 pound

bag or equivalent is established for

Walla Walla Sweet Onions.

Dated: April 30, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11150 Filed 5–03–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 985

[Docket No. FV96–985–2–IFR]

Spearmint Oil Produced in the Far

West; 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

Spearmint Oil Administrative

Committee (Committee) under

Marketing Order No. 985 for the 1996–

97 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of

spearmint oil produced in the Far West.

Authorization to assess spearmint oil

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:

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 Tershirra T. Yeager,

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–

5127.

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,
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20123

Oregon, and designated parts of

California, Nevada, Montana, and Utah),

hereinafter referred to as the ‘‘order.’’

The marketing 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, Far West spearmint oil

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 spearmint oil 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

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 260

producers of spearmint oil in the

production area and 8 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 less than

$500,000, and small agricultural service

firms are defined as those whose annual

receipts are less than $5,000,000. A

minority of spearmint oil producers and

handlers may be classified as small

entities.

The spearmint oil 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 of Far West spearmint oil.

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 27,

1996, and unanimously recommended

1996–97 expenditures of $230,752 and

an assessment rate of $0.10 per pound

of spearmint oil. In comparison, last

year’s budgeted expenditures were

$233,272. The assessment rate of $.10 is

the same as last year’s established rate.

Major expenditures recommended by

the Committee for 1996–97 include

$96,200 for administrative expenses,

$113,552 for salaries, and $21,000 for

committee travel. Budgeted expenses for

these items in 1995–96 were $102,900,

$107,372, and $23,009, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Far West spearmint oil.

Spearmint oil shipments for the year are

estimated at 2,081,610 pounds which

should provide $208,161 in assessment

income. Income derived from handler

assessments, along with interest income

and funds from the committee’s

authorized reserve, will be adequate to

cover budgeted expenses. Funds in the

reserve at the beginning of the 1996–97

fiscal year are estimated at $162,923.

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

Administrator of the AMS 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

is needed. Further rulemaking will be

undertaken as necessary. The

Committee’s 1996–97 budget and those

for subsequent fiscal years 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, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

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 June 1, 1996, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable spearmint oil handled

during such fiscal period; (3) handlers

are aware of this 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
20124 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 985

Marketing agreements, Oils and fats,

Reporting and recordkeeping

requirements, Spearmint oil.

For the reasons set forth in the

preamble, 7 CFR Part 985 is amended as

follows:

PART 985—SPEARMINT OIL

PRODUCED IN THE FAR WEST

1. The authority citation for 7 CFR

Part 985 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 985.141 is added to read as

follows:

§ 985.141 Assessment rate.

On and after June 1, 1996, an

assessment rate of $0.10 per pound is

established for Far West spearmint oil.

Unexpended funds may be carried over

as a reserve.

Dated: April 30, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11152 Filed 5–3–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1007

[Docket No. AO–366–A37; DA–95–22]

Milk in the Southeast Marketing Area;

Order Amending the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule amends certain

location adjustments under the

Southeast Federal milk marketing order.

The amendments are based upon

industry proposals considered at a

public hearing held on September 19,

1995. The amended order was approved

by more than two-thirds of the

producers voting in the specified

marketing area.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Nicholas Memoli, Marketing Specialist,

Order Formulation Branch, USDA/

AMS/Dairy Division, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456, (202) 690–1932.

SUPPLEMENTARY INFORMATION: This

administrative rule is governed by the

provisions of sections 556 and 557 of

Title 5 of the United States Code and,

therefore, is excluded from the

requirements of Executive Order 12866.

The Regulatory Flexibility Act (5

U.S.C. 601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Pursuant to 5 U.S.C.

605(b), the Administrator of the

Agricultural Marketing Service has

certified that this action will not have a

significant economic impact on a

substantial number of small entities.

The amended order will promote

orderly marketing of milk by producers

and regulated handlers.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. This rule

will not preempt any state or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), 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 the law and requesting

a modification of an order or to be

exempted from the order. A handler is

afforded the opportunity for a hearing

on the petition. After a 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 its 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.

Prior Documents in This Proceeding

Notice of Hearing: Issued August 11,

1995; published August 17, 1995 (60 FR

42815).

Supplemental Notice of Hearing:

Issued September 8, 1995; published

September 13, 1995 (60 FR 47495).

Recommended Decision: Issued

December 18, 1995; published

December 27, 1995 (60 FR 66929).

Final Decision: Issued March 18,

1996; published March 22, 1996 (61 FR

11756).

Findings and Determinations

The findings and determinations

hereinafter set forth supplement those

that were made when the order was first

issued and when it was amended. The

previous findings and determinations

are hereby ratified and confirmed,

except where they may conflict with

those set forth herein.

(a) Findings. A public hearing was

held upon certain proposed

amendments to the tentative marketing

agreement and to the order regulating

the handling of milk in the Southeast

marketing area. The hearing was held

pursuant to the provisions of the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

and the applicable rules of practice and

procedure (7 CFR Part 900).

Upon the basis of the evidence

introduced at such hearing and the

record thereof, it is found that:

(1) The Southeast order, as hereby

amended, and all the terms and

conditions thereof, will tend to

effectuate the declared policy of the Act;

(2) The parity prices of milk, as

determined pursuant to section 2 of the

Act, are not reasonable in view of the

price of feeds, available supplies of

feeds, and other economic conditions

which affect market supply and demand

for milk in the marketing area. The

minimum prices specified in the order,

as hereby amended, are such prices as

will reflect the aforesaid factors, insure

a sufficient quantity of pure and

wholesome milk, and be in the public

interest; and

(3) The Southeast order, as hereby

amended, will regulate the handling of

milk in the same manner as, and will be

applicable only to persons in the

respective classes of industrial and

commercial activity specified in, a

marketing agreement upon which a

hearing has been held.

(b) Determinations. It is hereby

determined that:

(1) The refusal or failure of handlers

(excluding cooperative associations

specified in Sec. 8c(9) of the Act) of

more than 50 percent of the milk which

is marketed within the Southeast

marketing area to sign a proposed

marketing agreement tends to prevent

the effectuation of the declared policy of

the Act;

(2) The issuance of this order

amending the order is the only practical

means pursuant to the declared policy

of the Act of advancing the interests of

producers as defined in the order as

hereby amended; and

(3) The issuance of the order

amending the order is favored by at least

two-thirds of the producers who during

December 1995 were engaged in the

production of milk for sale in the

Southeast marketing area.

List of Subjects in 7 CFR Part 1007

Milk marketing orders.

Order Relative to Handling

It is therefore ordered, that on and

after the effective date hereof, the