19512 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

producer’s fee is based on the prevailing

method of classification requested by

producers during the previous year. HVI

classing was the prevailing method of

cotton classification requested by

producers in 1995. Therefore, the 1996

producer’s user fee for classification

service is based on the 1995 base fee for

HVI classification.

The fee was calculated by applying

the formula specified in the Uniform

Cotton Classing Fees Act of 1987, as

amended by Public Law 102–237. The

1995 base fee for HVI classification

exclusive of adjustments, as provided by

the Act, was $2.01 per bale. A 1.4

percent, or three cents per bale increase

due to the implicit price deflator of the

gross domestic product added to the

$2.01 results in a 1996 base fee of $2.04

per bale. The formula in the Act

provides for the use of the percentage

change in the implicit price deflator of

the gross national product (as indexed

for the most recent 12-month period for

which statistics are available). However,

this has been replaced by the gross

domestic product by the Department of

Commerce as a more appropriate

measure for the short-term monitoring

and analysis of the U.S. economy.

The number of bales to be classed by

the United States Department of

Agriculture from the 1996 crop is

estimated at 19,024,000. The 1996 base

fee was decreased 15 percent based on

the estimated number of bales to be

classed (one percent for every 100,000

bales or portion thereof above the base

of 12,500,000, limited to a maximum

adjustment of 15 percent). This

percentage factor amounts to a 31 cents

per bale reduction and was subtracted

from the 1996 base fee of $2.04 per bale,

resulting in a fee of $1.73 per bale.

Assuming a fee of $1.73 per bale, the

projected operating reserve would be

36.9 percent. The Act specifies that the

Secretary shall not establish a fee

which, when combined with other

sources of revenue, will result in a

projected operating reserve of more than

25 percent. Accordingly, the fee of $1.73

must be reduced by 23 cents per bale,

to $1.50 per bale, to provide an ending

accumulated operating reserve for the

fiscal year of 25 percent of the projected

cost of operating the program. This

establishes the 1996 season fee at $1.50

per bale.

Accordingly, § 28.909, paragraph (b)

is revised to reflect the reduction in the

HVI classification fees.

As provided for in the Uniform Cotton

Classing Fees Act of 1987, as amended,

a five cent per bale discount will

continue to be applied to voluntary

centralized billing and collecting agents

as specified in § 28.909(c).

Growers or their designated agents

will continue to incur no additional fees

if only one method of receiving

classification data is requested. The fee

for each additional method of receiving

classification data in § 28.910(a) will

remain at five cents per bale, and it will

be applicable even if the same method

was requested. Since the Cotton

Division will no longer accept returned

diskettes to eliminate the possibility of

computer virus infection, the cost of

computer tapes or diskettes not returned

will no longer be billed separately to the

requestor. The fee in § 28.910(b) for an

owner receiving classification data from

the central database will remain at five

cents per bale, but a minimum charge of

$5.00 for services provided per monthly

billing period will be assessed. The

provisions of § 28.910 concerning the

fee for new classification memoranda

issued from the central database for the

business convenience of an owner

without reclassification of the cotton

will remain the same.

The fee for review classification in

§ 28.911 will be reduced from $1.60 per

bale to $1.50 per bale.

The fee for returning samples after

classification in § 28.911 will remain at

40 cents per sample.

List of Subjects in 7 CFR Part 28

Administrative practice and

procedures, Cotton, Cotton samples,

Grades, Market news, Reporting and

recordkeeping requirements, Standards,

Staples, Testing, Warehouses.

For the reasons set forth in the

preamble, 7 CFR Part 28 is amended as

follows:

PART 28—[AMENDED]

1. The authority citation for Part 28 is

revised to read as follows:

Authority: 7 U.S.C. 471–476.

2. In § 28.909, paragraph (b) is revised

to read as follows:

§ 28.909 Costs.

* * * * *

(b) The cost of High Volume

Instrument (HVI) cotton classification

service to producers is $1.50 per bale.

* * * * *

3. Section 28.910 is amended by

revising the undesignated text

immediately following paragraph (a)(4)

and adding a sentence at the end of

paragraph (b) to read as follows:

§ 28.910 Classification of samples and

issuance of classification data.

(a) * * *

(4) ***

If the issuance of data to growers or

to their agents is made by more than one

method, the fee for each bale issued by

each additional method shall be five

cents. If provided as additional method

of data transfer, the minimum fee for

each tape or diskette issued shall be

$10.00.

(b) * * * The minimum charge

assessed for services obtained from the

central database shall be $5.00 per

monthly billing period.

* * * * *

4. In § 28.911, the last sentence of

paragraph (a) is revised to read as

follows:

§ 28.911 Review classification.

(a) * * * The fee for review

classification is $1.50 per bale.

* * * * *

Dated: April 29, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–10989 Filed 5–1–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 915

[Docket No. FV96–915–1IFR]

Avocados Grown in South Florida;

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate of $0.16

per bushel of assessable avocados under

Marketing Order No. 915 for the 1996–

97 and subsequent fiscal periods.

Authorization to assess avocado

handlers enables the Avocado

Administrative Committee (committee)

to incur expenses that are reasonable

and necessary to administer the

program.

DATES: Effective April 1, 1996.

Comments received by June 3, 1996,

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this action. 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:

Caroline C. Thorpe, Marketing Order

Administration Branch, Fruit and
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19513

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456, telephone 202–720–

5127, FAX (202) 720–5698, or Alex

Jonas, Marketing Specialist, Southeast

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 2276, Winter Haven, FL 33883–

2276, telephone 813 299–4896, FAX

(813) 299–5169.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 121 and Order No. 915, both as

amended (7 CFR part 915), regulating

the handling of avocados grown in

South Florida, hereinafter referred to as

the order. 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 now in effect Florida

avocado 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 avocados

beginning April 1, 1996, and continuing

until amended or terminated. 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 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 65 producers

of avocados under the order and

approximately 95 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 avocado producers and

handlers may be classified as small

entities.

This continuing rate of assessment,

beginning with the 1996–97 fiscal

period, was prepared by the 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 Florida avocados. 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 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 Florida Avocados.

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 on December 13,

1995, and unanimously recommended

an assessment rate of $0.16 per bushel,

the same as last season. This rate, when

applied to anticipated shipments,

should yield sufficient assessment

income. This rate, along with interest

income and funds from the committee’s

authorized reserve, will be adequate to

cover budgeted expenses. Funds in the

reserve will be kept within the

maximum permitted by the order of one

fiscal period’s 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.

The assessment rate established in

this interim final rule, effective April 1,

1996, will continue in effect from fiscal

period to fiscal period indefinitely

unless modified, suspended, or

terminated by the Secretary upon

recommendation and information

submitted by the committee or other

information available to the Secretary.

Heretofore, assessment rates issued

under the marketing order were made

effective for a single fiscal period. The

change to issuing assessment rates

which will continue in effect from fiscal

period to fiscal period reflects the fact

that assessment rates change

infrequently from fiscal period to fiscal

period and it is believed unnecessary to

issue them for only a single fiscal

period. In addition, this rule will result

in a reduction in operational costs to the

committee and the government.

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 and consider

recommendations for modification of

the assessment rate. The dates and times

of committee meetings are available

from the Department at the address

listed under ADDRESSES. Committee

meetings are open to the public and

interested persons may express their

views at these meetings or may file

comments with the Docket Clerk at the

address listed above before April 1, each

year. The Department will evaluate

committee recommendations and

information submitted by the

committee, comments filed, and other

available information, and determine

whether modification of the assessment

rate on assessable shipments of South

Florida Avocados would tend to

effectuate the declared policy of the Act.

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,
19514 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

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 action 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 April 1, 1996, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable avocados 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

received will be considered prior to

finalization of this action.

List of Subjects in 7 CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 915 is amended as

follows:

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

1. The authority citation for 7 CFR

part 915 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new section 915.235 is added to

read as follows:

Note: This section will not appear in the

annual code of Federal Regulations.

§ 915.235 Assessment rate.

On and after April 1, 1996, an

assessment rate of $0.16 per bushel of

assessable avocados is established for

the Avocado Administrative Committee.

Dated: April 26, 1996.

Eric M. Forman,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96–10871 Filed 5–1–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1280

[No. LS–94–015]

Sheep and Wool Promotion, Research,

Education, and Information Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule establishes a Sheep

and Wool Promotion, Research,

Education, and Information Order

(Order) which is authorized by the

Sheep Promotion, Research, and

Information Act of 1994 (Act). The

program will be funded by assessments

collected from sheep producers, sheep

feeders and importers of sheep and

sheep products. The program will be

administered by a National Sheep

Promotion, Research, and Information

Board (Board).

Implementing regulations will be

published separately in the Federal

Register.

EFFECTIVE DATE: This final rule is

effective May 3, 1996, except that

§ 1280.224–1280.228 become effective

July 1, 1996.

ADDRESSES: Ralph L. Tapp, Chief;

Marketing Programs Branch, Room

2606–S; Livestock and Seed Division,

AMS–USDA; P.O. Box 96456;

Washington, D.C. 20090–6456.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION: Prior

documents: Notice-Invitation to submit

proposals published January 4, 1995 (60

FR 381); Proposed Rule-Sheep and Wool

Promotion, Research, Education, and

Information Order published June 2,

1995 (60 FR 28747); Proposed RuleProcedures for Conduct of Referendum

published August 8, 1995 (60 FR

40313); Notice-Certification of

Organizations for Eligibility to Make

Nominations to the Proposed Board

published August 8, 1995 (60 FR

40343); Proposed Rule-Rules and

Regulations published October 3, 1995

(60 FR 51737); Proposed Rule-Sheep

and Wool Promotion, Research,

Education, and Information Order

published December 5, 1995 (60 FR

62298); and Final Rule and Referendum

Order-Procedures for the Conduct of

Referendum published December 15,

1995 (60 FR 64297).

Regulatory Impact Analysis

Executive Orders 12866 and 12778 and

the Regulatory Flexibility Act

This final rule has been determined to

be not significant for purposes of

Executive Order 12866 and therefore

has not been reviewed by the Office of

Management and Budget (OMB).

This final rule was reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have a

retroactive effect. This rule would not

preempt any State or local laws,

regulations, or policies unless they

present an irreconcilable conflict with

this rule.

The Act provides that any person

subject to the 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 the Order or an exemption from

certain provisions or obligations of the

Order. The petitioner would have the

opportunity for a hearing on the

petition. Thereafter the Secretary would

issue a decision on the petition. The Act

provides that the district court of the

United States in the district in which

the petitioner resides or carries on

business has jurisdiction to review the

Secretary’s decision, if the petitioner

files a complaint for that purpose not

later than 20 days after the date of the

entry of the decision. The petitioner

must exhaust his or her administrative

remedies before filing such a complaint

in the district court.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), AMS has considered

the economic impact of this final action

on small entities.

The purpose of RFA is to fit

regulatory actions to the scale of the

businesses that are subject to such

actions so that small businesses would

not be unduly or disproportionately

burdened.

According to the January 27, 1995,

issue of ‘‘Sheep and Goats,’’ published

by the Department’s National

Agricultural Statistics Service, there are

approximately 87,350 sheep operations

in the United States, nearly all of which

would be classified as small businesses

under the criteria established by the

Small Business Administration (13 CFR

§ 121.601). Additionally, there are

approximately 9,000 importers of sheep

and sheep products, nearly all of which

would be classified as small businesses.

This final Order will require each

person who makes payment to a sheep

producer, feeder, or handler of sheep or

sheep products to be a collecting

person, and to collect an assessment

from that sheep producer, feeder, or

handler of sheep or sheep products. Any

person who buys domestic live sheep or

greasy wool for processing must also

collect the assessment and remit it to

the Board. Each person who processes

or causes to be processed sheep or sheep

products of that person’s own

production and who markets the

processed products will pay an

assessment and remit the assessment to

the Board. Any person who exports live

sheep or greasy wool will be required to

remit an assessment to the Board.

Finally, each person who imports into

the United States sheep, sheep products,

wool, or wool products, other than raw